Did you know that you could face up to 30 years in state prison for a non-violent theft offense?
Grand theft in the first-degree is the most serious degree of grand theft. As you probably know from prior posts, a "grand theft" is the taking of anybody's property - either temporarily or permanently - where the value of the property exceeds $300.
Under $300 and the crime is
petit theft ("petty theft").
What designates the degrees of grand theft is the value of the property.
Click here to learn about how each degree of grand theft is categorized.
Grand theft is always a felony. But whereas third-degree grand theft is a third-degree felony (maximum of 5 years in prison), first-degree grand theft carries a maximum 30 year prison term.
Here is how Florida law specifically defines grand theft in the first-degree:
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
2. If the property 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
3. 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, other than merely as a getaway vehicle, 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,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
In the most basic terms, a theft of $100,000 or more of money, property, or any item(s) of value will constitute first-degree grand theft.
A $100,000 theft is not your typical retail theft (shoplifting). Grand theft in the first-degree is often charged in
contracting without a license case where the value of the work to be done exceeds $100,000.
Fraud cases where $100,000 or more is allegedly stolen may also involve a charge of first-degree grand theft, among other charges.
The problem with grand theft in the first-degree is that many prosecutors seek prison time, even for first-time offenders. They may also seek lengthy terms of probation where
restitution must be paid.
I am a
criminal defense attorney serving Miami-Dade and Broward. I have handled many grand theft cases as both a prosecutor and defense attorney. If you or a loved one are facing grand theft charges,
call me.