Florida Grand Theft Defense Attorneys

Being accused of grand theft in Florida is one of the most serious property crime charges a person can face. As a criminal defense attorney, I have seen how fast a misunderstanding, false accusation, or lapse in judgment can turn into a felony case that threatens your freedom, your reputation, and your future. The law in Florida treats theft cases very seriously, especially when the value of the property is significant. If you are facing this charge, you need to understand what the law says, what defenses may apply, and how a private defense attorney can make the difference in protecting your rights.

What Is Grand Theft Under Florida Law?

The Florida Statutes define theft broadly. Under Florida Statute § 812.014(1):

“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, deprive the other person of a right to the property or a benefit from the property or to appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Grand theft occurs when the value of the property reaches certain thresholds. For example:

  • Third-Degree Grand Theft (§ 812.014(2)(c)): Property valued at $750 or more but less than $20,000, or certain specified property like a firearm, motor vehicle, or controlled substance.
  • Second-Degree Grand Theft (§ 812.014(2)(b)): Property valued at $20,000 or more but less than $100,000, or emergency medical equipment, or law enforcement equipment valued at $300 or more.
  • First-Degree Grand Theft (§ 812.014(2)(a)): Property valued at $100,000 or more, or theft involving a motor vehicle used to cause damage to property, or theft that results in damage to the property of another in excess of $1,000.

Each level carries felony penalties that include prison time, probation, and heavy fines.

Why You Need a Private Attorney

When you face a grand theft charge, the stakes are high. A public defender may be assigned if you cannot afford counsel, but they carry heavy caseloads and limited time. As a private defense attorney, I dedicate the time and resources necessary to challenge the prosecution’s case, uncover weaknesses, and work toward reducing or dismissing the charge. I have the ability to hire investigators, review financial or digital evidence, and negotiate with prosecutors in ways that increase the chance of a favorable outcome.

Penalties for Florida Grand Theft

The penalties for a conviction depend on the degree of the offense:

  • Third-Degree Grand Theft: Up to 5 years in prison, 5 years probation, and a $5,000 fine.
  • Second-Degree Grand Theft: Up to 15 years in prison, 15 years probation, and a $10,000 fine.
  • First-Degree Grand Theft: Up to 30 years in prison, 30 years probation, and a $10,000 fine.

These penalties are not only severe, but they also leave you with a permanent felony record that impacts employment, housing, and your ability to obtain professional licenses.

Common Defenses to Grand Theft Charges

Not every allegation of theft stands up in court. Some of the defenses I use when representing clients include:

  • Lack of Intent: The prosecution must prove intent to permanently deprive. If you borrowed something or believed you had permission, it may not be theft.
  • Ownership or Right to Possession: If you had a legal or good-faith claim to the property, you cannot be convicted of theft.
  • Mistaken Identity: Theft cases often rely on eyewitness testimony or video footage, both of which can be unreliable.
  • Valuation Disputes: The value of the property determines the degree of the charge. If the prosecution overstates the value, we can challenge it to reduce the charge.
  • Consent: If the owner allowed you to take or use the property, there is no theft.
  • Constitutional Violations: If police obtained evidence through illegal searches, seizures, or interrogations, that evidence may be suppressed.

Having an experienced private attorney means every defense angle is explored, giving you the strongest possible protection.

Real Case Example

A client was charged with second-degree grand theft after being accused of stealing electronics from a distribution center where he worked. The value was alleged to be over $25,000. The evidence against him included surveillance footage and co-worker testimony.

After thoroughly reviewing the discovery, I identified several problems: the surveillance footage was grainy, the inventory records were inconsistent, and the co-worker had a personal conflict with my client that called his credibility into question. I also retained an independent expert to review the valuation, which showed the items were worth less than $20,000.

Because of these weaknesses, I successfully negotiated a reduction from a felony grand theft charge to a misdemeanor petit theft. My client avoided prison, kept his record from being permanently scarred with a felony, and was able to move forward with his life.

This case shows how critical it is to have a private attorney who can devote the time and resources to uncover the truth.

Additional Relevant Florida Statutes

  • § 812.015 – Retail Theft: Covers shoplifting and theft from stores, which may overlap with grand theft depending on value.
  • § 812.019 – Dealing in Stolen Property: A separate felony if accused of selling or trafficking stolen property.
  • § 775.084 – Habitual Felony Offender Enhancements: Prior convictions can increase penalties for theft charges.

These statutes often come into play in grand theft cases, and an attorney must be familiar with each to protect your rights.

Florida Grand Theft Defense Attorney FAQs

What makes theft a felony instead of a misdemeanor?

The main factor is the value of the property. Under Florida law, if the value is $750 or more, the theft can be charged as a felony grand theft. Below that amount, it is usually petit theft, a misdemeanor. Certain property, like firearms or motor vehicles, can make the offense a felony regardless of value.

Can the value of the property be challenged?

Yes, and it often should be. The prosecution may rely on replacement cost or inflated estimates. I bring in appraisers or use official receipts to show the true fair market value. A successful challenge to the valuation can reduce the charge from a felony to a misdemeanor, which is a major difference for sentencing and long-term consequences.

Will I go to prison if I am convicted of grand theft?

Not every case results in prison time, especially for first-time offenders. Alternatives may include probation, restitution, or diversion programs. However, prison is always a possibility for felony charges, which is why it is essential to have a defense attorney fight for reduced penalties or dismissal.

Can a grand theft charge be sealed or expunged?

A conviction for grand theft cannot be sealed or expunged. However, if the charge is dropped, dismissed, or you receive a withhold of adjudication, you may be eligible for sealing or expungement. My role is to push for an outcome that keeps your record clean or gives you the chance to clear it later.

How does restitution affect my case?

Restitution is the repayment of the value of the property to the alleged victim. Courts often require restitution as part of sentencing. In some cases, early repayment can be a negotiation tool to reduce charges or penalties.

What if the property was returned?

Returning the property does not automatically erase the charge, but it can be used as a mitigating factor during negotiations or sentencing. It may also weaken the prosecution’s claim of intent to permanently deprive.

What happens if the police violated my rights?

If law enforcement obtained evidence through illegal searches, interrogations without proper Miranda warnings, or other constitutional violations, I can file motions to suppress the evidence. Suppression often leads to charges being reduced or dismissed.

Do prior convictions matter?

Yes, under Florida’s sentencing guidelines, prior convictions can increase penalties. If you are classified as a habitual offender under § 775.084, you face enhanced sentencing ranges. This is another reason why it is important to have private defense counsel to argue against enhancements.

Can grand theft charges be negotiated down?

Yes, plea negotiations are common in theft cases. With strong defenses and strategic presentation, charges can often be reduced to petit theft or other lesser offenses. This can make the difference between having a felony or a misdemeanor on your record.

Why should I hire Florida Grand Theft Defense Attorneys instead of relying on a public defender?

Public defenders are skilled lawyers, but they are overwhelmed with caseloads. A private attorney has the time and resources to review your case in depth, hire investigators, challenge evidence, and negotiate aggressively. With so much at stake, having dedicated private counsel increases your chances of protecting your future.

Call Our Florida Grand Theft Defense Attorneys


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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.