Fort Myers Grand Theft Attorney
Grand theft is a serious criminal felony offense in Florida, and if you’re facing such charges, you need an experienced criminal defense attorney on your side. Hollander & Hanuka Attorneys at Law has extensive experience handling grand theft cases throughout Lee and Collier counties. Our firm is dedicated to protecting your rights and crafting a defense tailored to the specific circumstances of your case. Contact our office today for guidance and representation from a dedicated Fort Myers grand theft defense lawyer.
What Is Grand Theft in Florida?
Under Florida Statutes § 812.014, grand theft occurs when a person unlawfully takes property valued at $750 or more with the intent to deprive the owner of its use or benefit. Unlike petit theft, which involves the unlawful taking of property valued under $750, grand theft is classified as a felony, with penalties that increase in severity based on the value of the stolen property.
Degrees of Grand Theft and Penalties
The penalties for grand theft in Florida are based on the degree of the offense, which is determined by the value of the stolen property and other circumstances surrounding the crime.
- Third-Degree Grand Theft: Involves stolen property valued between $750 and $20,000, or specific items such as a firearm or motor vehicle, regardless of value. This offense is a third-degree felony, punishable by up to five years in prison, five years of probation, and fines up to $5,000.
- Second-Degree Grand Theft: Involves property valued between $20,000 and $100,000. Conviction of this second-degree felony can result in up to 15 years in prison, 15 years of probation, and fines up to $10,000.
- First-Degree Grand Theft: Involves stolen property valued at $100,000 or more, or if the theft caused over $1,000 damage to property during the crime. This is a first-degree felony, carrying penalties of up to 30 years in prison and fines as high as $10,000.
Additionally, a conviction for grand theft can create other long-term consequences, including a permanent criminal record, which can affect future employment, housing, and educational opportunities.
Elements of Grand Theft
To secure a conviction of grand theft, the prosecution must prove the following elements beyond a reasonable doubt:
- Ownership of the Property: The property belonged to someone other than the accused.
- Value of the Property: The value of the property must meet the thresholds outlined in Florida’s grand theft statute.
- Intent to Steal: The accused intentionally took or attempted to take the property with the intent to permanently or temporarily deprive the owner of its use or benefit.
Possible Defenses to Grand Theft Charges
At Hollander & Hanuka Attorneys at Law, we evaluate the circumstances of each case to identify the best possible defense strategy. Some common defenses to grand theft charges include lack of intent, establishing that the defendant did not intend to steal the property or believed they had a right to the property. In some cases, mistaken identity or misidentification by witnesses can lead to false accusations, and demonstrating a lack of certainty from alleged eyewitnesses can raise reasonable doubt. Alternatively, if the property owner consented to the taking of the property, it may serve as a complete defense.
The prosecution must prove each element of grand theft beyond a reasonable doubt. If there is insufficient evidence regarding the value of the property or the defendant’s intent, the charges may be reduced or dismissed, or it can be possible to obtain an acquittal at trial if the prosecution fails to prove its case.
How a Criminal Defense Attorney Can Help
Our experienced criminal defense attorneys work diligently to scrutinize the evidence against you to identify weaknesses in the prosecution’s case, such as insufficient proof of intent or value of the property. Depending on the circumstances of the case, we may be able to negotiate with the prosecutor to reduce the charge to a lesser offense, such as petit theft, or have the charges dismissed altogether. In some cases, a negotiated plea deal can result in reduced penalties, such as probation, community service, or participation in a diversion program, rather than jail time. If your case goes to trial, our experienced litigators will present a compelling defense to challenge the prosecution’s evidence and advocate for the best possible outcome.
Contact Hollander & Hanuka for Aggressive Defense Against Grand Theft Charges in Fort Myers
If you or a loved one has been charged with grand theft in Fort Myers or the surrounding areas, don’t face the criminal justice system alone. Hollander & Hanuka Attorneys at Law provides aggressive and knowledgeable representation to protect your rights and work toward a favorable resolution of your case. Contact us today at 239-332-3300 for a free consultation and let our skilled attorneys fight for your future.