Grand Theft


Grand Theft

West Palm Beach Grand Theft Attorney David W. Olson

 

Grand theft is a serious felony offense in Florida and pertains to property valued at $300.00 or more. A conviction for grand theft can potentially result in a prison sentence of up to 30 years. If you were charged with grand theft, it is crucial to hire an experienced criminal defense attorney. Early intervention is always preferable so your attorney can ensure that your legal rights are properly protected. In many cases early intervention has resulted in dismissed or reduced charges.

 

For more than three decades, Attorney David Olson has successfully represented thousands of clients accused of grand theft and other serious offenses such as drug charges, assault, DUI, murder, disorderly conduct, violation of probation, weapons offenses, juvenile offenses, sex offenses, identity theft and other felonies and misdemeanors. Attorney Olson offers a free case review.

 

Florida’s Grand Theft Statute

 

Grand theft is detailed in Section 812.014, Florida Statutes. The Statute is somewhat simplified for brevity:

 

(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:

 

(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 use of the property.

    • The State must prove that the accused knowingly obtained, or attempted to obtain or use another’s property temporarily or permanently, therefore depriving the rightful owner of the property, and that the accused appropriated the property for their own or to another, and,
  • Neither the accused nor the person to whom it was appropriated was legally entitled to its use.

 

The Statute proscribes three degrees of grand theft.

 

Grand Theft in the First Degree – Punishable as a First Degree Felony:

 

  • If the value of the property is $100,000 or more or is a
  • Semitrailer deployed by law enforcement officer, or is
  • Stolen property and the cargo is valued at $50,000 or more and has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or
  • If the offender commits any grand theft and:
  • In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and damages the property of another; or
  • In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000:
  • Potential maximum penalty: (any combination) 30 years prison, 30 years probation and $10,000 fine.

 

Grand Theft in the Second Degree – Punishable as a Felony of the Second Degree:

 

  • If the property stolen is valued at $20,000 or more, but less than $100,000;
  • The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;
  • If the stolen property is emergency medical equipment valued at $300 or more stolen from a licensed facility or from a permitted aircraft or vehicle;
  • If the stolen property is law enforcement equipment, valued at $300 or more, taken from an authorized emergency vehicle;
  • Potential penalty – felony of the second degree. Any combination: maximum 15 years prison or 15 years probation and/or $10,000 fine.

 

Grand Theft of the Third Degree:

 

  • Property valued at $300 or more but less than $5,000
  • Property valued at $5,000 or more but less than $10,000
  • Property valued at $10,000 or more, but less than $20,000
  • A will, codicil, or other testamentary instrument
  • A firearm
  • A motor vehicle – except as provided in paragraph (a)
  • Any commercially farmed animal – includes equine, bovine, swine, grazing animals, bee colony.
  • If an aquaculture species, a $10,000 fine
  • Any fire extinguisher
  • Citrus fruit containing 2,000 or more pieces of fruit
  • If taken from a designated construction site:
  • Any stop sign
  • Anhydrous ammonia;
  • Any amount of a controlled substance (other penalties may be imposed)
  • Potential penalty: third degree felony, (any combination) maximum 5 years prison or 5 years probation and/or $5,000 fine.

 

Defenses to Grand Theft

 

There are numerous defenses to grand theft charges. In order for the State to meet its burden it must prove that the defendant intended to deprive another of their property. If the accused had any legitimate ownership interest in the property or believed they had a legitimate ownership interest, it may be argued that there was no intent to deprive another of their property. Another possible defense is consent. If the accused legitimately believed they had the consent of the owner to take possession of the property, grand theft would not apply. There are numerous other defenses that your attorney may utilize, depending on the specific circumstances of the case.

 

Attorney David W. Olson, West Palm Beach and South Florida Criminal Defense Attorney

 

Attorney David Olson has more than three decades of experience representing clients charged with felonies and misdemeanors. Attorney Olson understands how important every case is to every client. He understands that your freedom, future and reputation may very well be at stake. It is his duty and privilege to zealously defend his clients. Many cases, including, but not limited to those of first time offenders, have resulted in dismissed or reduced charges and other favorable outcomes. Attorney Olson will always pursue the most positive outcome possible for each client.

 

Attorney Olson has been recognized by his peers in the legal community:

 

Attorney David Olson represents clients in West Palm Beach, Palm Beach County, Broward County, Miami-Dade County and elsewhere throughout South Florida. For a confidential, no-obligation legal consultation, contact The Law Offices of David W. Olson at 561-833-8866.

 

Source

 

Florida Statute 812.014 (2015)