How Much Jail Time for Felony Grand Theft?

If you need a theft lawyer for felony grand theft charges in Florida, contact defense attorney Matthew Shafran. The earlier you start, the more options you have.

Penalties for Felony Grand Theft in Florida

A felony grand theft conviction reaches well past the courtroom. Being a convicted felon shows up on background checks, which makes finding work or renting a home harder. Under Article VI, Section 4(a) of the Florida Constitution, you cannot vote until you complete all terms of your sentence, including parole or probation. And under Florida Statute 790.23(1)(a), a person convicted of a felony in Florida may not own or possess a firearm or ammunition unless civil rights and firearm authority have been restored.

The 30-year maximum applies only to first-degree grand theft, which under Florida Statute 812.014(2)(a) covers property valued at $100,000 or more, along with a few specific categories such as cargo valued at $50,000 or more. Property worth $20,000 up to $100,000 is second-degree grand theft under Florida Statute 812.014(2)(b), a second-degree felony carrying up to 15 years. Property worth $750 up to $20,000 is third-degree grand theft under Florida Statute 812.014(2)(c), a third-degree felony carrying up to 5 years. A sentence can also include a fine under Florida Statute 775.083 and restitution to the victim.

The range between a five-year and a thirty-year maximum is decided by facts a defense can contest: what the property was worth, who owned it, and what you intended. That is the work worth starting early.

Does Prior Criminal History Matter?

Yes. A prior record shows up on the Criminal Punishment Code worksheet under Florida Statute 921.0024, which is what sets the lowest permissible sentence the judge may impose, and a long record can expose you to enhanced sentencing under Florida Statute 775.084. Within the statutory maximum for the degree charged, the sentence itself is the judge's call.

When determining your sentence, a judge and/or prosecutor will look at your prior criminal history to decide the probability that you will commit more crimes in the future. They also consider whether the penalties of your prior convictions have deterred you from continuing to participate in illegal activity.

A first offense and a long record are treated very differently at sentencing, and the difference shows up on the scoresheet the court uses. No lawyer can promise you a reduced charge or a particular sentence. What a defense lawyer does is test the state's proof on value, ownership and intent, and put your record in context before the judge decides.

Other Factors That May Affect Sentencing

Under Florida Statute 812.014, theft becomes grand theft when the stolen property is valued at $750 or more. The $750 line has been in place for years, and the $300 figure that still appears on older pages is out of date. Value is measured as market value at the time and place of the offense under Florida Statute 812.012(10)(a). Some property is grand theft at any value, including a firearm, a motor vehicle, a will, a stop sign and any amount of a controlled substance. Property worth $40 or more taken from a home or its unenclosed curtilage is also third-degree grand theft under Florida Statute 812.014(2)(d)1.

The value gap matters. Property worth $800 is third-degree grand theft with a 5-year maximum. Property worth $300,000 is first-degree grand theft with a 30-year maximum. A charge is also not a conviction: value is an element the state has to prove, not something it gets to assert.

Another factor that impacts your sentencing will be whether you are facing other charges along with felony grand theft. When looking at how much jail time for felony grand theft you are likely to serve, a judge will consider whether or not a violent charge accompanies the crime. For example, if you commit assault against another person in the process of stealing property.

How Much Is Bail for Felony Grand Theft?

If the police arrest you on felony theft charges, you will spend at least some time in custody first. Under Florida Rule of Criminal Procedure 3.130(a), every arrested person must be taken before a judge within 24 hours of arrest. That hearing is the first appearance, not the arraignment, and it is where the judge sets conditions of release and bond. Arraignment, where you enter a plea, comes later. On a felony charge, release on your own recognizance is less likely than on a misdemeanor.

By law, your rights protect you against receiving unreasonable or excessive bail. The judge will take various things into account when deciding on the amount. These things include whether or not you are a flight risk, your past criminal record, and more. An experienced defense lawyer for grand theft will argue why they should release you and attempt to keep the bail amount as low as possible.

Bond amounts vary by county, and most circuits publish a standard bond schedule. If you use a bondsman to bond out, you typically pay a premium of about 10 percent of the bond amount and the bondsman posts the full amount with the court. That premium is a fee you do not get back, even if the case is later dropped. A bond can run much higher when a violent charge is attached.

Best Defenses for Felony Grand Theft

You need a lawyer who can put together a strong defense on your behalf. A lawyer can look for holes in the prosecutor's case and ensure that you are not wrongfully convicted. When proving guilt the state must prove several things. Remember, you are always innocent until proven guilty. That is your constitutional right.

To prove you are guilty of grand theft, the crime must meet the following criteria:

• The property must be valued at $750 or more, or fall into one of the categories that is grand theft at any value under Florida Statute 812.014(2)(c)
• The property must be taken without permission
• You must have intended to take the property
• You must have intended to keep the property for good or transfer ownership to another person

Each of these points is somewhere a defense can be built, and value is the most common one. The state has to prove the property was worth $750 or more at the time and place of the theft. If it cannot, what is left is petit theft, a misdemeanor.

Additionally, they must prove you took the property without permission. You may also be able to develop a defense surrounding this point if, say, one parent grants you permission to take an item from the house but another does not. Technically, you did have permission from one of the owners to take the item.

Another important factor is whether or not you intended to take the property. Did you knowingly steal from a person or business? Or was it an accident? Perhaps you walked out of a store without paying for something but it was a genuine mistake.

And, the prosecutor's office must prove that you intended to keep the stolen items, or rather that you intended to never return them to the original owner. This includes selling stolen property, which can bring an additional charge of dealing in stolen goods.

Hiring a Defense Lawyer for Felony Theft

When you look at the possible jail time for a grand theft charge, it is clear that you need a lawyer who will look for all possible evidence to exonerate you. The potential repercussions of a conviction are too severe to risk-taking your chances in court alone, even if you believe that your innocence is obvious.

Criminal defense attorney Matthew Shafran is here to defend your rights against the felony grand theft charges you are facing. Our Law Firm provides you with a free case evaluation, with no obligation, to review the facts.

If you are facing charges for felony grand theft in Florida, contact Weinstein Legal Team today at 954-845-0505 for a free case evaluation today. Contact Mr. Shafran and begin building your defense immediately.