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Grand Theft Charges

You’ve probably heard the term ‘grand theft’ in the context of things like ‘grand theft auto.’ But unlike the videogame where stealing cars is a fun adventure, grand theft in real life is a serious crime that comes with serious consequences. If you’re under investigation for or have been charged with theft, it’s time to contact the experienced legal team at Hanlon Law today.


What is Grand Theft?


Grand theft is a classification of theft, in which the property stolen is valued at more than $750. 


Theft itself is defined by Florida Statute 812.014 as knowingly obtaining and/or using (or endeavoring to obtain and/or use) another person’s property without that person’s consent, either permanently or temporarily. This can include everything from shoplifting to embezzlement. 


Regardless of method, the end result is to:


  • Deprive the victim of their right to their property
  • Deprive the victim of their right to benefit from their property
  • Appropriate the victim’s property for your own use
  • Appropriate the victim’s property for the use of someone else (who is not entitled to it) 


Grand theft, already a subcategory of theft, is broken down further depending on the specific value of the property in question:


  • Third-Degree Grand Theft - between $750 and $20,000
  • Second-Degree Grand Theft - between $20,000 and $100,000
  • First-Degree Grand Theft - $100,000 or more


A theft may also be considered third-degree grand theft if the value of the stolen property is less than $750, but the stolen property is:


  • A will, codicil, or other testamentary instrument
  • A firearm
  • A motor vehicle
  • Any commercially farmed animal
  • Any fire extinguisher
  • 2,000 or more individual pieces of citrus fruit
  • Any stop sign
  • A controlled substance above a certain amount
  • Taken from a designated construction site (if that construction site is property identified by posted sign)
  • Taken from a dwelling or enclosed curtilage of a dwelling


A theft may also be considered second-degree grand theft if the property in question is:


  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at less than $50,000)
  • Emergency medical equipment taken from a licensed facility, aircraft, or vehicle (so long as the equipment is valued at $300 or more)
  • Law enforcement equipment taken from an authorized emergency vehicle (so long as that equipment is valued at $300 or more)


A theft may also be considered a first-degree theft if the property in question is:


  • A semitrailer deployed by a law enforcement officer
  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at $50,000 or more)


Additionally, any grand theft may be considered first-degree grand theft if the offender caused more than $1,000 in damages to any real property of another, or if the offender used a motor vehicle during the crime that caused damage to real property of any amount. 


What are the Consequences of Grand Theft?


The sentencing for grand theft charges depend on the degree of theft:


  • Third-Degree Grand Theft - third-degree felony (up to 5 years prison, $5,000 fine)
  • Second-Degree Grand Theft - second-degree felony (up to 15 years prison, $10,000 fine)
  • First-Degree Grand Theft - first-degree felony (up to 30 years prison, $10,000 fine


It’s important to note that certain aggravating factors may lead to harsher penalties, such as the use and/or discharge of a firearm and death or serious bodily harm. Prior theft convictions may also lead to enhanced sentencing. 


How to Defend Against Grand Theft Charges


There are a variety of defenses to take against grand theft charges, the foremost being lack of intent. The inclusion of the word “knowingly” in the legal definition means you must have actually intended to commit theft in order for the incident to qualify as theft. Accidents and good-faith situations (like if you genuinely believed you had a right to the property in question) can’t be considered theft – assuming, of course, you can prove it was an accident, or a good-faith misunderstanding, which is why it’s vital to seek out an experienced grand theft charge attorney .


Other possible defenses include: 


  • You believed the theft to be necessary, or committed it under duress
  • You willingly abandoned or renounced the theft prior to its completion
  • You were not actually the thief in question
  • There is insufficient proof that you committed the crime
  • Loss prevention officers, the property owner, a co-defendant, or other related party is lying or obfuscating events
  • The property in question was not found in your possession


Kissimmee Criminal Defense Lawyers 


As you can see, grand theft charges are a serious accusation with serious consequences. If you even suspect you may be under investigation for grand theft, it’s time to talk to a lawyer. Will Hanlon at Hanlon Law has nearly two decades of experience fighting for defendant’s rights. Our entire legal team will work tirelessly on your behalf to help you secure the best outcome possible. Don’t wait – contact Hanlon Law today to schedule a free consultation.

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