• Grand Theft – Involves the act of stealing any property or possession valued at $300 or more.
  • Grand larceny can be ranged from 3rd to 1st degree, and is subject to a litany of exceptions and conditions.

• • • The theft of any property valued between $300 and less than $20,000 is considered 3rd degree grand theft.
    • Other offenses that rise to the level of 3rd grand theft include:
      • Theft of a will
      • Theft of a firearm
      • Theft of a motor vehicle, or grand theft auto
      • Theft of a fire extinguisher
    • 3rd degree grand theft is punishable by up to five years in prison or probation, and a fine of $5000.
    • The theft of any property valued at $20,000 but less than $100,000, emergency medical or law enforcement equipment valued at $300 or more is considered 2nd degree grand theft.

• • • • Stealing interstate commerce valued at less than $50,000 is also charged as grand theft: second degree.
      • Grand theft: second degree is punishable by up to 15 years in prison or probation, and a $10,000 fine.

• • • • 1st Degree grand theft is a felony that can be punishable by up to 30 years in prison and a $10,000 fine. If you’ve been charged with felony theft, know that Darryl Smith is an experienced federal crimes lawyer who can help you navigate this very serious legal situation.
        
        • A larceny charge rises to the level of 1st degree felony theft if:
          • the property is valued at $100,000 or more
          • a motor vehicle was used to commit the crime and damaged the real property of another party
          • damage to the real or personal property of another in excess of $1,000 was caused during the commission of the crime.

• Shoplifting – Can also be referred to as “retail theft” and describes the act of intentionally taking a retail item or items from a store without paying. Retail theft can also refer to changing price tags, or moving items to cheaper packaging to avoid paying full price for items.
  • Shoplifting is charged as a grand or petit theft crime depending on the value of the property that was stolen.

• Carjacking – Carjacking is a very different crime than the theft of an unoccupied vehicle because taking a vehicle from a person who is actively in possession of the vehicle implies an element of forcible violence in the act of stealing the car.
  • Carjacking is a first-degree felony that carries a mandatory minimum sentence of no less than 21 months in prison, and $10,000 in fines.

• • • Additional charges are added to the carjacking offense if a firearm was used to commit the crime, was discharged while committing the crime, or someone was injured or killed by the firearm in the commission of the crime.
      • In these cases, carjacking can be a crime punishable by as much as 25 years to life in prison.

In Florida theft cases, the burden of proof rests primarily on the prosecution. In order to win a conviction on a charge of criminal theft, the prosecution must prove all four aspects of the crime:

• Knowingly — The defendant must have known full well that they were stealing.
• Obtaining — The defendant must have active control of the property. This can include hiding the property from the owner.
• Possession of Property of another — A person cannot be accused of stealing something that belongs to them, or property that has clearly been abandoned.
• Intent— A person who takes something that doesn’t belong to him is not stealing unless he intends to prevent the owner from having possession. This is the point of the law that distinguishes the serious crime of car theft from a less-serious offense, joy riding.

Theft charges in Florida are very complex, and Darryl R. Smith, Esq has a wealth of legal knowledge and experience as a Jacksonville criminal defense attorney and advocate with the Public Defender’s Office in Florida. When your freedom and good name is on the line, you cannot afford to take chances with less experienced theft lawyers.

Call Darryl R. Smith, Esq for a free phone consultation where he will go over the particulars of your case, and determine the best course of legal action.

Call Darryl R. Smith, Esq today.