Theft is defined under Florida Statute § 812.014(1) as a person knowingly obtaining or using, or endeavoring to obtain or to use, the property of another party with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property; or appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. Most theft offenses involving property valued at less than $300 results in an individual being charged with petit theft, a misdemeanor offense.
Theft crimes that involve property which is more valuable, however, can result in an alleged offender being charged with the felony offense of grand theft. The possible consequences of convictions for grand theft depend on how the alleged crime has been graded, as there are three different degrees of grand theft offenses in Florida.
Lawyer for Grand Theft Arrests in Broward County, FL
Do you believe that you might be under investigation or were you already arrested anywhere in Broward County for alleged grand theft? No matter how confident you are about your innocence, you should still not say anything to authorities until you have legal representation. Contact The Hoffman Firm immediately.
Fort Lauderdale criminal defense lawyer Evan A. Hoffman defends clients charged with theft offenses in communities all over South Florida, such as Hollywood, Cooper City, Miramar, Coral Springs, Pompano Beach, and many others. You can have our attorney review your case and answer all of your legal questions as soon as you call (954) 524-4474 to take advantage of a free initial consultation.
Overview of Grand Theft Crimes in Fort Lauderdale
- How are grand theft crimes graded in Florida?
- What are the possible sentences for people convicted of these offenses?
- Where can I learn more about grand theft in Broward County?
Grand theft crimes in Florida are classified according to degree, based on the type of property involved in the alleged offenses.
Grand Theft in the Third Degree
Under Florida Statute § 812.014(2)(d), it is grand theft of the third degree if the property allegedly stolen is valued at $100 or more, but less than $300, and is taken from a dwelling—defined under Florida Statute § 810.011(2) as " a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof"—or from the unenclosed curtilage of a dwelling pursuant to Florida Statute § 810.09(1) (Trespass on property other than structure or conveyance).
Florida Statute § 812.014(2)(c) establishes that it is also grand theft of the third degree if the property allegedly stolen is:
- Valued at $300 or more, but less than $20,000;
- A will, codicil, or other testamentary instrument;
- A firearm;
- A motor vehicle, except as provided in Florida Statute § 812.014(2)(a);
- Any commercially farmed animal, including any animal of the equine, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; and aquaculture species raised at a certified aquaculture facility (if the property stolen is aquaculture species raised at a certified aquaculture facility, a $10,000 fine will also be imposed);
- Any fire extinguisher;
- Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit;
- Taken from a designated construction site identified by the posting of a sign as provided for in Florida Statute § 810.09(2)(d);
- Any stop sign;
- Anhydrous ammonia; or
- Any amount of a controlled substance as defined in Florida Statute § 893.02.
If any property listed under Florida Statute § 812.014(2)(c) is allegedly stolen within a county that is subject to a state of emergency declared by the Governor under Chapter 252 of the Florida Statutes, the property is stolen after the declaration of emergency is made, and the perpetration of the alleged theft is facilitated by conditions arising from the emergency, the alleged offender commits second-degree felony. The phrase “conditions arising from the emergency” is defined as meaning "civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel."
Grand Theft in the Second Degree
Grand theft in the second degree is a second-degree felony which an alleged offender commits under Florida Statute § 812.014(2)(b) if:
- The property allegedly stolen is valued at $20,000 or more, but less than $100,000;
- The property allegedly stolen is 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;
- The property allegedly stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under Chapter 395 of the Florida Statutes or from an aircraft or vehicle permitted under Chapter 401 of the Florida Statutes; or
- The property allegedly stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in Florida Statute § 316.003.
If any property listed above is allegedly stolen within a county that is subject to a state of emergency declared by the Governor, the property is stolen after the declaration of emergency is made, and the perpetration of the alleged theft is facilitated by conditions arising from the emergency, the alleged offender commits a first-degree felony.
Grand Theft in the First Degree
Grand theft in the first degree is a first-degree felony. Under Florida Statute § 812.014(2)(a), an alleged offender commits grand theft in the first degree if:
- The property allegedly stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer;
- The property allegedly stolen is 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
- The alleged offender commits any grand theft and either in the course of committing the alleged offense uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the alleged offense and thereby damaging the real property of another; or in the course of committing the alleged offense causes damage to the real or personal property of another in excess of $1,000.
The possible sentence an alleged offender will receive if convicted of grand theft will depend on how the alleged crime was classified. Under Florida Statute § 775.082 and Florida Statute § 775.083, felony offenses in the Sunshine State are punishable as follows:
- Third-Degree Felony — Up to five years in prison and/or a fine of up to $5,000;
- Second-Degree Felony — Up to 15 years in prison and/or a fine of up to $10,000; and
- First-Degree Felony — Up to 30 years in prison and/or a fine of up to $10,000.
Fort Lauderdale Police Department (FLPD) | Crime Prevention — Visit this section of the FLPD website to find tips about preventing crime and to ensuring your safety. You can download a residential checklist and personal safety brochure. You can also view a flyer discussing crime prevention for your home.
Fort Lauderdale Police Department
1300 W. Broward Blvd.
Fort Lauderdale, FL 33312
Florida Statute § 812.014 — View the full text of Florida's theft statute. You can view not only what constitutes grand theft, but also how a person can be charged with petit theft. Sections referencing other statutes also contain links so you can read the full text of those statutes too.
The Hoffman Firm | Fort Lauderdale Grand Theft Defense Attorney
If you were arrested or you think that you could be under investigation for an alleged grand theft offenses anywhere in South Florida, it will be in your best interest to exercise your right to remain silent until you have legal counsel. The Hoffman Firm represents individuals in communities throughout Broward County, such as Hallandale Beach, Fort Lauderdale, Margate, Dania Beach, Lauderhill, and many others.
Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who can fight to possibly get your criminal charges reduced or dismissed. Call (954) 524-4474 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free, confidential consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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