At Bottari & Doyle, we understand that sometimes people make poor decisions during challenging times. We also understand that sometimes making the right choice for you and your family may have included breaking the law. That is why we work to understand your situation when you come to the Delray Beach law firm of Bottari & Doyle after a charge or arrest for Grand Theft.
We're committed to fighting for your rights and working to achieve the best possible outcome for your case. We have handled various grand theft cases, and we are prepared to put our experience to work for you. Contact Bottari & Doyle to speak to an experienced Delray Beach criminal defense attorney.
Grand Theft Lawyers in Delray Beach
Grand Theft may be either a first degree, second degree or third degree felony depending on the value and/or nature of the stolen property. Penalties for grand theft can include prison time, probation, restitution to the victim, and expensive fines. To convict a Defendant of Grand Theft, the State must prove the following two elements beyond a reasonable doubt:
- The Defendant knowingly and unlawfully obtained or used or endeavored to obtain or to use the property of the victim, and;
- The Defendant did so with the intent to either temporarily or permanently:
- Deprive the victim of the victim's right to the property or any benefit from it, or;
- Appropriate the property of the victim to the victim's own use or to the use of any person not entitled to the property.
If the jury finds that the above two elements have been proven beyond a reasonable doubt, the jury must then determine if the State has proven beyond a reasonable doubt the statutorily required value of the property and/or nature of the property.
Grand Theft – First Degree: Occurs when the stolen property was:
- Valued at $100,000 or more.
- A semitrailer deployed by a law enforcement officer.
- Cargo valued at $50,000 or more that has entered the stream of commerce interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock
- A person also commits first degree grand theft when the person 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 thereby damages the real 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.
Grand Theft – Second Degree: Occurs when the stolen property was:
- Valued at $20,000 or more, but less than $100,000.
- 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.
- Emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under 401.
- Law enforcement equipment, valued at $300 or more that is taken from an authorized emergency vehicle.
Grand Theft – Third Degree: Occurs when the stolen property was:
- Valued at $750.00 but less than $5,000.
- Valued at $5,000 or more, but less than $10,000.
- Valued at $10,000 or more, but less than $20,000.
- The property was a will, codicil or other testamentary instrument.
- A firearm.
- A motor vehicle, unless 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 thereby damages the real 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. In this situation, the offender commits a grand theft in the first degree.
- Any commercially farmed animal, including any animal of the equine, bovine or swine class or other grazing animal; a bee colony of a registered beekeeper; and aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
- A fire extinguisher.
- Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
- Taken from a designated construction site identified by the posting of a sign.
- Any stop sign.
- Anhydrous ammonia.
- Any amount of a controlled substance.
- Valued at $100 or more, but less than $750.00 and is taken from a dwelling or the curtilage of a dwelling.
Penalties for Grand Theft in Delray Beach
A defendant who is convicted of third-degree Grand Theft can be sentenced to a maximum prison sentence of 5 years in prison and a $5,000.00 fine. The Florida Criminal Punishment assigns 10 points to a person convicted of Grand Theft. A judge cannot sentence a defendant with less than 22 points to prison unless the judge finds the defendant is a danger to the community. However, a defendant with a grand theft conviction can easily score over 22 points if he or she has a prior record. This is because every prior conviction is assigned a certain number of points.
- A defendant who is convicted of second-degree Grand Theft can be sentenced to a maximum prison sentence of 15 years in prison and a fine of up to $10,000.00
- A defendant who is convicted of first-degree Grand Theft can be sentenced to a maximum prison sentence of 30 years in prison and a $10,000.00 fine.
Grand Theft Auto in Delray Beach
A person who steals someone else's vehicle commits a felony of the third degree. Grand Theft Auto is punishable by up to five years in state prison and a $5,000.00 fine.
Do I need a Criminal Defense Lawyer for Grand Theft?
Yes. If you've been charged with Grand Theft for any amount, you should speak to a Delray Beach criminal defense lawyer immediately to learn more about your possible defenses. The most common defenses applied to theft charges include but are not limited to:
- Consent: The Defendant believed that he or she had the owner's consent to take the owner's property.
- No intent to steal the property of another: The Defendant had a good faith belief that he or she owned the property, had a possessory interest in the property or had joint ownership in the property.
Bottari & Doyle Grand Theft Lawyers for Palm Beach and Broward County
When our criminal defense team represents you, you'll benefit from advice and assistance in the following steps of your legal case:
- We'll investigate and determine if your legal rights were violated at any point in your arrest.
- We'll gather critical evidence and facts, such as 911 reports, witness statements, video evidence, social media research, and more.
- After assessing all possible scenarios and outcomes, we'll walk you through the options and give our honest recommendations so that you can make the best decision for you and your situation.
- If your case goes to trial, we will stand up for you and fight for your rights at every turn throughout the court and legal process.
Contact a Delray Beach Grand Theft Lawyer at Bottari & Doyle
We will fight for you! If you have been arrested or charged with Grand Theft in Palm Beach or Broward County, contact a Delray Beach theft attorney from Bottari & Doyle at (561) 588-2781 for a free case evaluation.
