Claremont Grand Theft Attorney

Our Commitment to Protecting Your Rights in Clermont, FL Courts

A grand theft accusation in Clermont, FL, can turn your life upside down. More than just a simple mistake, grand theft is a felony offense with severe consequences that can impact your freedom, finances, and future. If you or a loved one is under investigation for or has been charged with grand theft, you need to understand the gravity of the situation and act swiftly. At The Law Offices of Justin Rickman, we provide aggressive and experienced legal representation to protect your rights and fight for the best possible outcome.

Don't let a grand theft charge define you. Call (888) 835-5840 or contact us online today for a confidential consultation and let us put our knowledge of Florida theft law to work for you.

What is Considered Grand Theft in Florida?

In Florida, grand theft is generally defined as the intentional and unlawful taking of another person's property with the intent to deprive them of it, either temporarily or permanently, where the value of the property is $750 or more. However, the definition can become more complex, and certain types of property automatically elevate a theft charge to grand theft, regardless of their monetary value.

Florida Statute 812.014 outlines the specifics of grand theft. Key elements the prosecution must prove beyond a reasonable doubt include:

• Intentional and Unlawful Taking: The accused must have knowingly obtained or used the property of another.
• Intent to Deprive: The accused must have intended to temporarily or permanently deprive the owner of their right to the property or a benefit from it, or appropriate the property for their own use or the use of someone not entitled to it.
• Value or Type of Property: The stolen property must meet a specific value threshold or fall into a category of property deemed grand theft by statute.

Here's a breakdown of the thresholds and special circumstances that constitute grand theft in Florida:

• Third-Degree Grand Theft: This is the most common form of grand theft and occurs when the value of the stolen property is:
  • $750 or more, but less than $20,000.
  • Specific items, regardless of value (or with a lower value threshold in some cases), such as:
    • A firearm
    • A motor vehicle (often called "Grand Theft Auto")
    • A will, codicil, or other testamentary instrument
    • Any commercially farmed animal
    • Any fire extinguisher
    • Any amount of a controlled substance
    • Any stop sign
    • Anhydrous ammonia
    • Property valued at $40 or more and taken from a dwelling or the unenclosed curtilage of a dwelling.
• Second-Degree Grand Theft: This more serious felony occurs when the value of the stolen property is:
  • $20,000 or more, but less than $100,000.
  • Cargo valued at less than $50,000 that has entered the stream of intrastate or interstate commerce from the loading platform of the shipper and the receiving dock of the consignee.
  • Emergency medical equipment valued at $300 or more, taken from an authorized emergency vehicle.
  • Law enforcement equipment valued at $300 or more, taken from an authorized emergency vehicle.
• First-Degree Grand Theft: This is the most severe grand theft charge, reserved for cases involving:
  • Property 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 intrastate or interstate commerce from the loading platform of the shipper and the receiving dock of the consignee.
  • The use of a motor vehicle to assist in the offense, and the defendant causes damage to another's real or personal property exceeding $1,000.

It's crucial to note that simply being in possession of stolen property can also lead to grand theft charges if you knew or should have known it was stolen.

Grand Theft Penalties in Florida

The penalties for grand theft in Florida are severe and can include significant prison time, hefty fines, and a permanent criminal record. The exact penalties depend on the degree of grand theft:

Third-Degree Grand Theft (Felony of the Third Degree):

• Up to five (5) years in state prison
• Up to five (5) years of probation
• A fine of up to $5,000

Second-Degree Grand Theft (Felony of the Second Degree):

• Up to fifteen (15) years in state prison
• Up to fifteen (15) years of probation
• A fine of up to $10,000

First-Degree Grand Theft (Felony of the First Degree):

• Up to thirty (30) years in state prison (with a minimum sentence of 21 months in some cases)
• Up to thirty (30) years of probation
• A fine of up to $10,000

Beyond these statutory penalties, a grand theft conviction can lead to a host of other negative consequences, including:

• Restitution: You may be ordered to pay back the full value of the stolen property to the victim.
• Difficulty with Employment: A felony conviction can make it extremely challenging to find or keep a job.
• Housing Limitations: Many landlords are hesitant to rent to individuals with felony records.
• Loss of Civil Rights: This can include the loss of your right to vote, serve on a jury, or possess a firearm.
• Damage to Reputation: A criminal record can severely impact your personal and professional reputation.
• Immigration Consequences: For non-citizens, a grand theft conviction can lead to deportation.

Grand Theft FAQs

What is the difference between grand theft and petit theft in Florida?

The primary difference is the value of the stolen property. If the property's value is less than $750, it is typically considered petit theft (a misdemeanor). If the value is $750 or more, or involves specific types of property, it is grand theft (a felony).

Can I go to jail for grand theft if it's my first offense?

Yes, even for a first offense of grand theft, you can face significant jail or prison time, depending on the degree of the charge. The legal system takes grand theft very seriously in Florida.

What should I do if I'm being investigated for grand theft?

Do not speak to law enforcement without an attorney present. Politely assert your right to remain silent and contact an experienced Clermont grand theft lawyer immediately. Anything you say can and will be used against you. Also, do not destroy or tamper with any potential evidence.

Can grand theft charges be reduced or dismissed?

Yes, it is possible for grand theft charges to be reduced or even dismissed. This depends heavily on the specific facts of your case, the strength of the evidence against you, and the effectiveness of your legal defense. An attorney can identify potential defenses and negotiate with the prosecution on your behalf.

How is the value of stolen property determined in a grand theft case?

The prosecution must prove the market value of the property at the time of the offense. If market value cannot be determined, the replacement cost may be considered. Your attorney can challenge the prosecution's valuation if it seems inflated or inaccurate.

What if I believed I had a right to the property?

A "good faith belief of ownership" is a strong defense against grand theft charges. If you genuinely believed the property was yours, or that you had a legal right to possess it, you may not have had the necessary criminal intent for grand theft.

How a Clermont Grand Theft Lawyer Can Help

Facing grand theft charges alone in Clermont is a precarious position. The legal system is complex, and without an experienced attorney by your side, you risk jeopardizing your future. A skilled Clermont grand theft lawyer from The Law Offices of Justin Rickman can:

• Protect Your Rights: Ensure that law enforcement adheres to proper procedures and that your constitutional rights are upheld throughout the process.
• Investigate the Charges: Thoroughly examine the evidence, including police reports, witness statements, and any other relevant documentation, to identify weaknesses in the prosecution's case.
• Challenge the Evidence: Dispute the valuation of the stolen property, question the credibility of witnesses, or challenge the legality of how evidence was obtained.
• Develop a Strong Defense Strategy: Craft a defense tailored to the specifics of your case, which may include:
• Lack of Intent: Arguing that you did not intend to permanently or temporarily deprive the owner of the property.
• Good Faith Belief of Ownership: Demonstrating that you genuinely believed you had a right to the property.
• Consent: Proving that the owner gave you permission to take or use the property.
• Valuation Disputes: Challenging the prosecution's assessment of the property's value to potentially reduce the charge.
• Mistake of Fact: Arguing that you took the property under a mistaken belief about the facts.
• Duress or Necessity: Asserting that you acted under extreme pressure or to prevent a greater harm.
• Mere Presence: If you were simply present at the scene but not directly involved in the theft.
• Negotiate with Prosecutors: Seek to reduce charges, negotiate favorable plea bargains, or explore diversion programs if appropriate.
• Represent You in Court: Vigorously advocate for you during all court proceedings, including arraignments, pre-trial hearings, and trial.

Contact us at (888) 835-5840 to schedule a consultation and take the first step towards securing your future.