Grand Theft Attorney in Miami, FL

If you or a loved one has been arrested or charged with grand theft, it is critical to consult with an experienced grand theft attorney in Miami as soon as possible to ensure that your rights are protected. An experienced criminal defense lawyer from our law firm will strive to minimize the effects and ramifications of your criminal charge to allow you to put the case behind you and move on with your professional and personal lives.

What is Grand Theft in Florida?

Grand theft in Florida is generally a felony when the property allegedly stolen is worth $750 or more. Theft of property worth less than $750 is generally a misdemeanor, but exceptions apply based on the type of property, where it was taken, and prior theft convictions.

That one penny can make a massive difference in the possible sentences people face when charged with theft crimes. When based solely on value, theft of property worth $750 or more but less than $20,000 is third-degree grand theft. That means it carries a possible maximum five-year prison sentence.

If the property is worth $749.99, the charge is generally first-degree misdemeanor petit theft, carrying up to one year in jail, unless a statutory exception makes the offense a felony.  Depending on the amount, shoplifting can also be classified as a felony or misdemeanor petit theft charge.

Raising the issue of value doesn’t mean that we assume our clients actually stole the property at issue. We mention it because it demonstrates how important it is that the theft lawyer you choose to represent you in your case has the necessary experience and knowledge to critically investigate the prosecutor’s case against you and make all the necessary arguments in your defense.

If the accusation involves taking money, inventory, or other property from your employer, see our employee theft defense page for issues specific to workplace cases.

Types of Grand Theft Charges in Miami

Most (but not all) types of cases involving grand theft in Miami are based on the value of the alleged stolen property. According to Florida Statute 812.014, there are three degrees:

• First Degree Grand Theft (The property value is $100,000 or more) Maximum Penalty: up to 30 years in state prison and a fine of up to $10,000 (First-Degree Felony)
• Second Degree Grand Theft (The property value is $20,000 or more but less than $100,000) Maximum Penalty: up to 15 years in state prison and a fine of up to $10,000 (Second-Degree Felony)
• Third Degree Grand Theft (The property value is less than $20,000, but $750 or more) Maximum Penalty: up to 5 years in state prison and a fine of up to $5,000 (Third-Degree Felony)

As explained above, although the value is usually what determines the degree, the actual property that was allegedly stolen can sometimes determine the degree of theft. For example, when a firearm or motor vehicle (“grand theft auto”) is allegedly stolen, the theft is classified as grand theft in the third degree—a third-degree felony. Also, the property type and its value can sometimes determine the degree of theft. Most of the time, though, the value alone controls the crime’s degree. A criminal defense attorney from our law firm can give you a free case evaluation of your theft charge and answer any further questions you may have about theft under Florida law.

When an accusation includes selling or pawning stolen items, prosecutors may also pursue a dealing in stolen property charge. The rules governing theft and dealing charges arising from the same scheme can affect which convictions are permitted.

What are the Defenses Against Grand Theft in Florida?

Besides the value issue discussed above, there are other defenses someone can raise when facing a grand theft charge. Among them are:

Good Faith Belief of Ownership

If the accused had a good-faith, even mistaken, belief that they owned the property or had a right to possess it, this can potentially negate the required criminal intent. For example, if you borrowed a friend’s bike with their permission and later found out it was stolen, you would have a valid defense.

Consent

If the property owner gave you consent to temporarily use, hold, or even sell the property, you cannot face theft charges, even if you did not return it as agreed. However, unverifiable verbal consent makes this tricky to establish.

Equal Ownership Interest

If you and another person both have an ownership interest in the property, taking or selling it might not constitute theft. For example, one partner taking assets during a business dissolution could use this defense.

Voluntary Abandonment

If the original owner discarded the property, intending to relinquish all ownership rights to it, taking it likely does not qualify as theft. However, proving this may not be easy, depending on the circumstances.

Valueless Property

While unusual, if the stolen property truly has no or only negligible monetary value, then a theft charge may not apply, as there is no loss or damages.

Hiring a skilled criminal defense lawyer is essential to raise any potential defenses and fight the charges. A grand theft conviction carries severe penalties, so contesting the allegations is paramount. An attorney can carefully examine the evidence and weak points in the prosecution’s case.

If this is your first criminal charge, learn more about our defense for first-time offenders, including diversion programs and other possible ways to resolve a case.

Contact an Experienced Miami Grand Theft Attorney

By hiring an experienced Miami grand theft attorney to defend yourself, you are minimizing the chances that your criminal case will result in a criminal record, jail time, and lasting consequences for your career, personal life, and reputation.

Over the years, our law office has represented hundreds of clients charged with grand theft. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Feel free to browse the results section of our site for a representative sample of past theft offense cases and the results we have achieved for our clients.

If you are not a U.S. citizen, discuss the immigration consequences of theft charges with your lawyer before deciding how to resolve your case.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our criminal defense lawyers’ assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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