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. Grand theft in Florida is a felony. 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 Florida Grand Theft as the unlawful use or taking of property valued at $750.00 or more. It also includes the perpetrator’s intent to deprive the owner of their rights to the property.

Grant Theft is 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 their rights to the property).  State v. C.G., 572 So. 2d 1380, 1381 (Fla. 1991).

Legal Definition and Application

Under Florida law, a charge of “grand theft” under Section 812.014(1)(a) and (b) requires proof that a person knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to either temporarily or permanently:

• Deprive the person of a right to the property or a benefit from the property; or
• Appropriation of the property for their own use or for the use of someone not entitled to it.

If the property stolen is a motor vehicle, the offense is specifically referred to as “grand theft auto” under Section 812.014(2)(c)6, and is categorized as a third-degree felony regardless of the vehicle’s value. This means that even if the car is worth less than $750, the act of stealing it meets the legal standard for grand theft auto and carries the same potential penalties outlined above.

The classification as a third-degree felony also extends to the theft of certain specific items, as listed above, regardless of their individual value. For example, stealing a firearm or a commercially farmed animal automatically elevates the offense to grand theft in the third degree.

In summary, third-degree grand theft charges in Florida are not determined solely by the monetary value of the stolen property. The type of property, its use, and the circumstances of the theft all play a crucial role in how the crime is charged and prosecuted.

Grand Theft Prosecution in Florida

If you’re seeking more detailed information on how grand theft is prosecuted in Florida, the Florida Statutes are a solid starting point. Section 812.014 of the Florida Statutes provides the legal framework and specific classifications. For those interested in a deeper dive or real-world examples, resources such as the Florida Bar (floridabar.org) and the American Bar Association offer helpful overviews of theft offenses and the prosecutorial process.

Local law libraries or official court websites can also provide case law and guidance on legal procedures specific to grand theft charges in Florida.

Determining the Value of Stolen Property in Florida 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 the value is assessed.

Market Value

The concept of “market value” is commonly used to determine the value of 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 at the time of the theft. Additional factors, such as the item’s condition at the time of theft, its quality at the time of purchase, and any appreciation or depreciation over time, must be assessed.

Replacement Cost

When market value is elusive, evidence of replacement cost can be used. However, it’s essential to show that the replacement item has a similar value to the stolen item.

Retail and Speculative Value

Relying solely on retail prices or speculative estimates is insufficient to prove value. The valuation must be supported by credible evidence from a qualified witness.

Competent Witnesses for Valuation

To establish the value of stolen property in court, testimony must come from someone qualified to offer an informed and reliable opinion. Typically, this means an individual who has firsthand knowledge of the item’s value, such as the owner, an experienced appraiser, or someone with expertise in valuing similar property. The court seeks witnesses who can clearly explain how they arrived at their assessment, ensuring their testimony is credible and grounded in reasonable methods, not guesswork or speculation.

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, and credible replacement-cost assessments. 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. 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, a third-degree felony, is punishable by up to five years in prison or five years of probation, plus a $5,000 fine. 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 sign 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 is a second-degree felony punishable by up to 15 years in prison or 15 years of probation, plus a $10,000 fine. 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 in prison and a maximum fine of $10,000. 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.

Additional Consequences: Driver’s License Revocation

In addition to criminal penalties, a conviction for grand theft of a motor vehicle in Florida can result in a 1-year suspension of your driving privileges. Under Florida law, the court clerk is required to submit proper notification of this revocation following a conviction. This means that even after serving any prison time, completing probation, or paying fines, individuals may still face the added hardship of losing their legal driving privileges for a substantial period.

The mandatory license revocation underscores the seriousness with which Florida treats the theft of motor vehicles, and it’s an important collateral consequence to consider for anyone facing these charges.

Statute of Limitations for Grand Theft Auto in Florida

For those facing prosecution for grand theft auto, it’s important to be aware of the deadline for bringing formal charges. Under Florida law, the statute of limitations for grand theft, including grand theft auto, is generally five years. This means the State must begin prosecution within five years of the alleged offense. This specific time frame takes precedence over the general statute of limitations that applies to most other criminal cases in Florida, ensuring that grand theft cases, including those involving motor vehicles, have a longer window for legal action.

Defenses to Grand Theft

Under Florida law, many defenses can be raised to 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 they 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 they 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 they took or used was theirs. 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 their 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 was valued at $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.