Our Florida Grand Theft Defense Attorneys Fighting for Your Rights
When you or a loved one is accused of grand theft in Florida, the situation can feel overwhelming. Florida law treats theft charges very seriously, and prosecutors often pursue the maximum penalties. As a Florida Grand Theft Defense Attorney, I have seen how a single accusation can threaten a person’s career, reputation, and future. That is why I make it my responsibility to defend my clients with the full force of the law.
Understanding Florida’s Grand Theft Statutes
Florida defines theft under Florida Statutes Section 812.014, which states:
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the property.”
Grand theft applies when the value of the property exceeds certain statutory thresholds. The law recognizes different levels of grand theft:
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Grand Theft in the Third Degree: Property valued at $750 to less than $20,000. This is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
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Grand Theft in the Second Degree: Property valued at $20,000 to less than $100,000. This is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
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Grand Theft in the First Degree: Property valued at $100,000 or more, or theft involving certain aggravating circumstances. This is a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
As your attorney, I carefully evaluate the evidence to determine whether the prosecution can actually meet these thresholds. Many times, the value of property is inflated or miscalculated, which can mean the difference between a felony and a misdemeanor.
Other Florida Statutes That Impact Grand Theft Cases
Several related statutes often come into play during grand theft prosecutions:
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Florida Statutes §812.015 – Retail Theft: Covers theft from stores and businesses, which may overlap with grand theft depending on value.
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Florida Statutes §775.084 – Habitual Offenders: If someone has prior convictions, penalties can be enhanced.
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Florida Statutes §812.014(3)(b): Clarifies that theft of certain property types, such as firearms, regardless of value, may automatically elevate charges.
Understanding these statutes is critical. Without an experienced defense lawyer, a person may face enhanced penalties without realizing how the law is being applied against them.
Why You Need a Private Defense Attorney
Grand theft charges carry long-lasting consequences. Beyond the prison time and fines, a felony conviction can affect employment opportunities, housing, and professional licensing. Prosecutors know the leverage they hold, which is why they often pressure defendants into unfavorable plea deals.
As a private defense attorney, I have the resources and time to investigate every detail of your case. Public defenders often handle dozens of cases at once, which means they may not be able to give your case the focus it requires. My role is to challenge the prosecution’s evidence, file the right motions, and ensure your rights are protected at every step.
Common Defenses in Florida Grand Theft Cases
Every case is unique, but there are several defenses that may apply depending on the circumstances:
Lack of Intent
Florida law requires proof that you intended to permanently or temporarily deprive the owner of their property. If intent cannot be proven, the charge should not stand.
Ownership or Right to Possession
If you had a legitimate claim to the property or believed in good faith that you had permission to use it, this can be a strong defense.
Mistaken Identity
In cases involving surveillance footage or eyewitness testimony, errors are common. Challenging the reliability of identification is often key.
Value Disputes
As mentioned earlier, the state must prove the property’s value. Independent appraisals or expert testimony may show the property is worth less than prosecutors claim.
Constitutional Violations
If the police conducted an unlawful search or seizure in violation of the Fourth Amendment, evidence may be suppressed.
Real Case Example
One of my clients was accused of stealing electronics from a warehouse where he worked. The employer alleged the value exceeded $25,000, making it a second-degree felony. After conducting my own investigation, I discovered that the company exaggerated the value by including items that were never missing. I hired an independent appraiser, and the actual value came in under $10,000.
This drastically reduced the potential charge from a second-degree felony to a third-degree felony. From there, I negotiated with the prosecutor, highlighting my client’s clean record and employment history. The result was a plea to a misdemeanor theft charge with probation instead of prison time. This outcome allowed my client to keep working and eventually expunge the misdemeanor from his record.
This is just one example of how an aggressive and thorough defense can change a client’s future.
The Criminal Process in Grand Theft Cases
When facing grand theft charges, understanding the process can help you prepare:
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Arrest or Notice to Appear – Depending on the case, you may be arrested or issued a notice to appear in court.
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First Appearance – The court will determine bail or bond conditions.
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Arraignment – You enter a plea of guilty, not guilty, or no contest.
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Discovery – Both sides exchange evidence. This is where I carefully review the prosecution’s case.
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Pretrial Motions – Motions to suppress evidence or dismiss charges may be filed.
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Negotiations – Many cases are resolved through negotiations for reduced charges or diversion programs.
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Trial – If necessary, I am prepared to fight your case before a jury.
Having an attorney at every stage ensures no opportunity for dismissal, reduction, or favorable resolution is overlooked.
Long-Term Consequences of a Grand Theft Conviction
Even after serving time or probation, a felony conviction follows you for life. It can affect:
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Employment background checks
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Professional licensing for careers such as nursing, law, and teaching
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Housing applications
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Voting rights and firearm ownership
This is why fighting the charges aggressively is essential. In some cases, alternatives such as pretrial diversion programs or withholds of adjudication may keep your record clean.
Florida Grand Theft Defense Attorney FAQs
What is the difference between petit theft and grand theft?
Petit theft involves property valued under $750. Grand theft starts at $750 and goes up from there. The penalties increase significantly depending on the value of the property.
Can grand theft charges be reduced?
Yes. I often challenge the value of property or negotiate with prosecutors for a reduction to petit theft or another lesser charge. This can mean avoiding a felony conviction altogether.
What if the property was returned?
Returning the property does not automatically erase the charge. However, it can be a strong factor in negotiations and may lead to reduced penalties or even dismissal.
How do prosecutors prove value?
They may use receipts, invoices, or expert testimony. I often counter with independent appraisals to challenge inflated values.
Can a first-time offender go to prison for grand theft?
Yes, prison is possible, but first-time offenders may qualify for diversion programs, probation, or withholds of adjudication if defended properly.
How long will a grand theft case take?
It depends on the complexity of the case. Some resolve in months, while others may take a year or longer if they go to trial.
What if the police searched me illegally?
If your rights were violated during the search or seizure, I will file a motion to suppress the evidence. Without evidence, the case may be dismissed.
Can grand theft be expunged from my record?
If adjudication is withheld or charges are reduced to certain misdemeanors, expungement may be possible. Felony convictions cannot be expunged.
How does intent play a role in grand theft charges?
The prosecution must prove you intended to deprive the owner of property. If intent is not proven beyond a reasonable doubt, you cannot be convicted.
Why do I need a private attorney instead of relying on a public defender?
Public defenders are often overloaded with cases, leaving little time for detailed investigation. As your private attorney, I can dedicate the time and resources needed to fight aggressively for the best possible outcome.
Call Our Florida Grand Theft Defense Attorneys
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.