Grand Theft in Florida – Penalties and Defense Options

Florida law classifies Grand Theft as any intentional and unlawful property theft valued at $750.00 or more. In Florida, Grand theft is a felony offense. Therefore, the penalties for the crime may include fines, restitution, prison, probation, and a permanent criminal record. The penalties will depend on each case. Read on to learn more about Grand Theft in Florida, including its penalties and defense options.

Grand Theft in Florida

Florida Statutes, Section 812.014, defines Grand Theft as the unlawful use or taking of property valued at $750.00 or more. It also includes that the perpetrator intends to deprive the owner of his or her rights to that property.

Grant Theft is what is known as a “specific intent” crime. Therefore, the defendant must take or use another person’s property with the intent of stealing it (i.e., to deprive the victim of his or her rights to the property).  State v. C.G., 572 So. 2d 1380, 1381 (Fla. 1991).

Determining the Value of Stolen Property in Grand Theft Cases

In Grand Theft cases, establishing the value of the stolen property is crucial for a conviction. The prosecution must prove this value beyond a reasonable doubt, with several factors influencing how value is assessed.

Market Value

The concept of “market value” is commonly used to evaluate stolen property. This refers to the property’s value at the time and place of the theft. If determining this proves challenging, the cost to replace the item shortly after the offense may be considered.

Original Purchase Price

Although the original purchase price might seem relevant, it alone is not enough to establish the property’s value during the theft. Additional factors, such as the condition of the item at the time it was stolen, its quality when initially purchased, and any appreciation or depreciation over time, must be assessed.

Replacement Cost

When market value is elusive, evidence demonstrating the replacement cost can be utilized. However, it’s essential to show that the replacement item holds a similar value to the one stolen.

Retail and Speculative Value

Relying solely on retail price or speculative estimates doesn’t suffice in proving value. The valuation must be supported by credible evidence from a qualified witness.

In summary, determining the value of stolen property in Grand Theft cases involves a comprehensive evaluation of several factors, including market value, original purchase price nuances, and credible assessments of replacement costs. Each element contributes to forming a complete picture, ensuring the prosecution meets the required standard of proof.

Penalties for Grand Theft

According to state law, the penalties for a charge of Grand Theft in Florida depend on the type and value of the property in question. There are three degrees of felonies, the penalties of which are the least severe and most severe in the third and first degrees, respectively.

Grand Theft: Third Degree

Grand Theft as a third-degree felony can be punishable by up to five years of prison time or five years of probation, including a fine of $5,000. These penalties are applicable if the property is:

• Valued at $750.00 or more but below $20,000
• A will, codicil, or any other testamentary instrument
• A motor vehicle
• A firearm
• Any commercially farmed animal
• A fire extinguisher
• Any quantity of citrus fruit that consists of 2,000 or more fruit pieces
• A stop sign
• Stolen from a construction site identified by a signposting as mentioned in s. 810.09(2)(d)
• Any quantity of controlled substance (defined in s. 893.02)
• Taken or used from a dwelling or an enclosed curtilage of a dwelling (Valued at over $100 but below $750)

Grand Theft: Second Degree

Grand Theft in Florida as a second-degree felony is punishable by up to fifteen years of prison time or fifteen years of probation, including a fine of $10,000. These penalties are applicable if the property is:

Valued at $20,000 or more but below $100,000.

• Cargo valued below $50,000 that has entered the stream of intrastate or interstate commerce from the loading platform of the shipper and the receiving dock of the consignee;
• Law enforcement equipment (with a value of $300 or more) taken from an authorized emergency vehicle (defined in s. 316.003)
• Emergency medical equipment (with a value of $300 or more) that is taken from a licensed facility under Chapter 395 or from a vehicle or aircraft licensed under Chapter 401

Grand Theft: First Degree

Grand Theft in Florida as a first-degree felony is punishable by up to 30 years of prison time, including a $10,000 maximum fine. These penalties are applicable if the property is:

• Has a value of $100,000 or more
• A semitrailer deployed by a law enforcement officer 
• Cargo (with a value of $50,000 or more) that has entered the stream of intrastate or interstate commerce from the loading platform of the shipper and the receiving dock of the consignee

The penalties are also applicable if a defendant commits grand theft and:

a. While committing the offense, the defendant uses a motor vehicle to assist the offense and damages another’s real property, 

OR

b. While committing the offense, the defendant causes damage to another’s personal or real property of over $1,000.

Defenses to Grand Theft

Under Florida law, many defenses can contest a Grand Theft charge. Some common defenses include:

Lack of Intent

It can serve as a complete defense to a Grand Theft charge if the defendant: 

• Had a good faith belief that he or she owned the property in question
• Had a joint ownership interest in the property in question
• Had a possessory interest in the property in question

Taking or Using for a Lawful Purpose

It can serve as a defense to a charge of Grand Theft in Florida if the defendant:

• Had a legal right to take or use the property
• Believed they had the right to take or use the property
• The Defendant Acted out of Duress or Necessity

Consent 

It can serve as a defense to a Grand Theft charge if the defendant believed he or she had the owner’s consent to take or use the property.

Mistake of Fact

Under Florida Law, there is no intent to steal if the defendant mistakenly believes that the property he or she took or used was his or hers. Bedoya v. State, 634 So. 2d 203, 204 (Fla. 3d DCA 1994) (citing Maddox v. State, 38 So. 2d 58 (Fla. 1948); Dean v. State, 41 Fla. 291, 26 So. 638 (1899)).

A conviction can only be sustained if the jury can reasonably infer the intent to steal through substantial competent evidence. Mosher v. State, 750 So. 2d 120 (Fla. 3d DCA 2000).

Proof at Trial

At trial, the prosecution must establish three elements beyond a reasonable doubt to prove a charge of Grand Theft in Florida. These elements include:

• The defendant intentionally and unlawfully took or used or aimed to take or use another’s property
• The defendant acted with the intent to permanently or temporarily (a) deprive the owner of his or her right to the property or benefit from access to the property or (b) use the victim’s property to the defendant’s use or that of anyone who is not entitled to that property and its use
• The property had a value of $750 or more.

Contact an Attorney if You Have a Grand Theft Charge

Contact Legal Eagles attorneys to deal with charges of felonies. Our expertise can help you navigate the law and make effective decisions in your interest. With a seasoned Grand Theft lawyer on your side, you can explore your options and organize a strategy.