Pumphrey Law Criminal Defense Theft Crimes Grand Theft

Grand Theft

Florida has varying criminal charges for those who are accused of stealing from others. These charges can range from robbery, burglary, and theft. Theft charges are further broken down into petit theft and grand theft.

When dealing with theft charges in Florida, the term “grand” is anything but grand. Florida’s criminal justice system takes a firm stance against grand theft, recognizing its impact on individuals and businesses alike. Getting convicted for grand theft can result in substantial penalties including significant fines, probation, imprisonment, or all the above.

It is important to have a full understanding of the charges against you and their consequences, along with defenses a skilled attorney can use to help clear your name.

Tallahassee Grand Theft Lawyer

If you have been charged with a grand theft offense in Tallahassee or the surrounding area, the Grand Theft defense attorneys at Pumphrey Law Firm will stand up for your rights and help you fight the charges. Our legal team will review every aspect of your case, checking for every misstep or hole in the prosecution’s case to get your charges reduced or dismissed. Call (850) 681-7777 today to schedule a free consultation.

Pumphrey Law Firm is proud to represent clients throughout the Florida Panhandle, including Tallahassee, Fort Walton Beach, DeFuniak Springs, Panama City, Madison, Vernon, Mayo, or any other nearby location.

What is Theft?

Florida law defines the criminal offense of theft as when an individual knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to deprive the owner of their right temporarily or permanently (1) to the property, or (2) appropriate the property to his or her own use.

Florida law categorizes theft crimes into two categories: petit theft and grand theft.

A defendant can be charged with petit theft for any stolen item or property valued over $100 but less than $750.

Grand Theft Defined in Tallahassee

Florida Statute Section 812.014 states that a defendant can be charged with grand theft in Florida if they are accused of stealing an item or property valued over $750, or that the stolen property belonged to law enforcement or emergency medical equipment that was valued over $300.

Due to the level of severity, grand theft is considered a felony offense. If convicted, a defendant may face imprisonment between 5 to 30 years. Additional penalties may include paying restitution, completing community service, or completing probation.

Elements of Grand Theft

For the State to convict a defendant of grand theft, they must prove the following elements beyond a reasonable doubt:

1. The defendant took another person’s possession or property;
2. The defendant did so without the owner’s permission;
3. During the commission of theft, the defendant had the intent to deprive the owner of their possession or property temporarily or permanently; and
4. The possession or property stolen by the defendant was valued over $750, or $300 if it was law enforcement or medical equipment.

Penalties for Tallahassee Grand Theft Charges

Florida law classifies grand theft as a felony offense. Based on the specific case details and circumstances, a defendant can be charged with grand theft in the third, second, or first degree.

Grand Theft in the Third Degree – A defendant can face a third-degree felony for grand theft if the possession or property allegedly stolen was valued between $750 and $20,000, or if it included:

• A will or codicil;
• A firearm;
• Any motor vehicle;
• Any commercial farm animal, like a cow, horse, or pig;
• A fire extinguisher;
• 2,000 or more pieces of citrus fruit;
• A sign from a construction site;
• A stop sign;
• Anhydrous ammonia (commonly used in fertilizer); or
• Any amount of any controlled substance.

The penalties for a third-degree felony in Florida include up to a $5,000 fine and up to five years in prison.

Grand Theft in the Second Degree – A defendant can face a second-degree felony for grand theft if the possession or property allegedly stolen was valued between $20,000 and $100,000, or if it included:

• Cargo entering interstate or intrastate commerce worth less than $50,000;
• Emergency medical equipment valued over $300 or law enforcement equipment worth more than $750.

The penalties for a second-degree felony in Florida include up to a $10,000 fine and up to 15 years in prison.

Grand Theft in the First Degree – A defendant can face a first-degree felony for grand theft if the possession or property allegedly stolen was valued over $10,000, or if it included:

• Cargo entering interstate or intrastate commerce worth $50,000 or more; or
• An alleged theft of property worth $750 or more and:
  • a motor vehicle was used to damage property, or
  • In the process of committing the alleged act, the accused damaged more than $1,000 worth of property.

The penalties for a first-degree felony in Florida include up to a $10,000 fine and up to 30 years in prison.

In addition to the Statute’s penalties, a grand theft conviction can cause long-term complications to your personal and professional life. Getting convicted of grand theft is a major red flag to potential employers, especially in a field where you are trusted with anything valuable — cash, equipment or otherwise. Once you finish serving time for a grand theft conviction, it may be extremely difficult to find any job.

These are serious penalties. Do not be caught unprepared with your defense. A criminal defense attorney in Tallahassee can help you fight the charges.

Enhanced Penalties for Theft Against 65+

Under Florida Statute Section 812.0145, it is unlawful to commit a theft crime against any person 65 years-old or older. The exact penalties are based on the value of finances or property which were allegedly stolen from the elderly person.

• Stolen assets or property valued over $300 but less than $10,000 = Third-degree felony
• Stolen assets or property valued over $10,000 but less than $50,000 = Second-degree felony
• Stolen assets or property valued at $50,000 or more = First-degree felony

Important: A defendant convicted of grand theft of more than $1,000 from a person 65 years-old or older will be required to pay restitution to the victim, as well as work up to 500 hours of community service. The amount of restitution and community service is in addition to any fines or imprisonment caused by the grand theft conviction.

Defenses to Grand Theft

The law on grand theft is broader than most think, meaning there’s room for accidents and misunderstanding which could potentially lead to false accusations. For instance, if you were to lease expensive electronics and you miss a demand letter to return it, it could lead to a grand theft charge.

The prosecution must prove all elements of a grand theft offense to prosecute a defendant. Even if you have already been arrested and charged with grand theft, it does not mean you are immediately guilty. By hiring an experienced defense attorney, you can discuss whether any of the following defenses are applicable to your case:

• Lack of intent;
• Obtained or used property for lawful purpose;
• Owner of stolen item or property gave the defendant consent to do so;
• The defendant and alleged victim had equal ownership of the stolen item or property; or
• Defendant was ‘merely present’ at the scene of the grand theft offense.

As each criminal case will vary in its specific details, it is important to speak with a knowledgeable Tallahassee defense attorney to discuss your options for defense.

Pumphrey Law | Tallahassee Grand Theft Attorney

Grand Theft is a major charge in Florida that can result in severe consequences. A conviction for grand theft can lead to paying expensive fines and lengthy imprisonment. If you are charged with Grand Theft in Leon, Gadsden or Wakulla County, an experienced grand theft lawyer can defend you. Our attorneys will seek to get your charges reduced or dismissed. Don Pumphrey and his team of attorneys are prepared to fight for you and your future.

Call Pumphrey Law Firm today at (850) 681-7777 to set up a free consultation regarding your grand theft charge.

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Article last updated May 31, 2023.