In Florida, Grand Theft is defined as the unlawful taking or using of property, with a value of $750.00 or more, with the intent to deprive the owner of their rights to said property.
Elements of Grand Theft.
In order to prove the crime of Grand Theft, the State needs to prove that:
- The property taken from another person is worth more than $750.
- The defendant knowingly obtained or used or endeavored to obtain or use the property of another.
- The property was taken with the intent to deprive the person of a right to the property or benefit of the property.
- If the latter cannot be proven, it must be proven that the intent was to appropriate the property for personal use or the use of another person not entitled to the use of the property.
The value of the stolen property needs to be proven with evidence of the original purchase price, in addition to the percentage or amount of depreciation since the property was purchased, its manner of use, and its condition and quality at the time it was stolen.
Penalties for Grand Theft.
The penalties for a Grand Theft charge depend on the value and type of property at issue:
Grand Theft of the Third Degree: This is committed if the property taken is:
- Worth between $750 and $20,000.
- A controlled Substance.
- A firearm.
- A will, codicil, or another testamentary instrument.
- A motor vehicle.
- Any commercially farmed animal.
- A fire extinguisher.
- A stop sign.
Grand Theft of the Third Degree is punishable by up to five years in prison or five years of probation, and a $5,000 fine.
Grand Theft of the Second Degree: Is committed if the property taken:
- Is worth between $20,000 and $100,000.
- Is emergency medical equipment worth more than $300.
- Is shipping cargo worth less than $50,000.
- Is law enforcement equipment valued at $300 or more.
This crime is punishable by up to fifteen years in prison, or fifteen years probation, and a $10,000 fine.
Grand Theft of the First Degree: This crime is committed if the property stolen is:
- Valued $100,000 or more.
- Shipping cargo worth more than $50,000.
- A semitrailer that was deployed by a law enforcement officer.
If convicted of this crime, a judge can impose a minimum sentence of 21 months in prison, a maximum of 30 years in prison, 30 years of probation, and a fine of up to $10,000.
Grand Theft is a criminal charge that needs to be taken seriously. If you or a loved one has been arrested or charged with the crime of Grand Theft, it is imperative to have a professional and experienced attorney on your side. Attorney Russell Spatz has over four decades of experience.
To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200.