In Florida, Grand Theft, Florida Statute 812.014, is any intentional and unlawful taking of property valued at $750 or more. Grand theft is a felony offense, with penalties that include prison, probation, fines, restitution, and a permanent criminal record. 

Grand Theft of the Third Degree:

Grand theft will be charged as a third-degree felony, punishable by up to 5 years in prison or 5 years probation and a $5,000 fine when the property is:

• Valued at $750 or more, but less than $20,000;
• A firearm;
• A will, codicil, or other testamentary instruments;
• A motor vehicle;
• Any commercially farmed animal;
• Any fire extinguisher;
• Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit;
• Any fire extinguisher that, at the time of the taking, was installed in any building for fire prevention and control;
• Any stop sign; or
• Any controlled substance.

Grand Theft of the Second Degree:

Grand theft will be charged as a second-degree felony, punishable by up to 15 years in prison or 15 years of probation and a $10,000 fine when the property is:

• 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 chapter 401; or 
• Law enforcement equipment, valued at $300 or more, is taken from an authorized emergency vehicle.

Grand Theft of the First Degree:

Grand theft will be charged as a first-degree felony, punishable by up to 30 years in prison, with a maximum fine of $10,000 when the property is:

• Valued at $100,000 or more;
• Is a semitrailer that was deployed by a law enforcement officer; 
• Cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or
• If the offender commits any grand theft and: (a) in the course of committing the offense the offender uses a motor vehicle as an instrumentality to assist in committing the offense and thereby damages the real property of another; or (b) 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 court, the prosecution must prove, without reasonable doubt, the following:

1. The defendant knowingly and unlawfully obtained or used or endeavored to obtain or use the property of another;
2. The defendant did so with the intent to temporarily or permanently (a) deprive the victim of his or her right to the property or any benefit from the property, or (b) appropriate the property of the victim to his or her own use or to the use of any person not entitled to it; and
3. The property was valued at $750 or more or fits one of the other statutory definitions.

Some of the most common defenses include lack of intent, obtaining or using for lawful purposes, defendant acting out of necessity or duress, belief the defendant had consented to take the product, and mistake of fact. 

If you have been charged with Grand Theft in Florida, contact experienced criminal defense Attorney Brandon Gans for a free case evaluation.