First Degree Felonies

Upon conviction under Fla. Stat. § 812.014(2)(a) (first degree grand theft) a defendant may be punished as provided in Fla.Stat. § 775.082, 775.083 and 775.084 as follows:

(a)a term of imprisonment not exceeding 30 years, or,

(b)a fine not to exceed $10,000.00, or,

(c)both such fine and imprisonment.

Upon conviction under Fla. Stat. § 812.019(2) (initiating and trafficking in stolen property) a defendant may be punished as provided in Fla. Stat. § 775.082 and 775.083 as follows:

(a) a term of imprisonment not exceeding 30 years, or,

(b) a fine not to exceed $10,000, or,

(c) both such fine and imprisonment.

Second Degree Felonies

Upon conviction under Fla. Stat. § 812.014(2)(b) (second degree grand theft), or under Fla. Stat. § 812.019(1) (trafficking in stolen property), a defendant may be punished as provided in Fla. Stat. § 775.082 and 775.083 as follows:

(a)a term of imprisonment not exceeding 15 years, or,

(b)a fine not to exceed $10,000, or,

(c)both such fine and imprisonment.

Third Degree Felonies

Upon conviction under Fla. Stat. § 812.014(2)(c) (third degree grand theft), or 812.014(2)(d) (third or subsequent conviction for petit theft),123Link to the text of the note a defendant may be punished as provided in Fla. Stat. § 775.082 as follows:

(a)a term of imprisonment not exceeding 5 years, or,123.1Link to the text of the note

(b)a fine not to exceed $5,000, or,

(c)both such fine and imprisonment.

Note that in Porter v. State,123.2Link to the text of the note the trial court’s imposition of the maximum sentence allowed for defendant’s grand theft conviction was held in compliance with the Florida Criminal Punishment Code by the Fourth District even though it exceeded the mitigated sentence set out in Fla. Stat. § 775.082(10) for the third-degree felony because the trial court exercised the discretion afforded under that statute, making a written finding that imposing the maximum sentence was appropriate because defendant was an economic danger to the community.

First Degree Misdemeanors

Upon conviction under Fla. Stat. § 812.014(2)(d) (second conviction for petit theft), § 812.015(6) (resisting detention for retail theft), § 812.016 (possession of altered property), § 812.041 (unauthorized temporary use of motor vehicle, aircraft, boat, or boat motor), § 812.051 (improper records kept by dealers of second hand goods), § 812.081 (theft of trade secrets), or § 812.14 (trespass and larceny with relation to utility or cable television fixtures), a defendant may be punished as provided in Fla. Stat. § 775.082 and § 775.083 as follows:

(a)a definite term of imprisonment not exceeding one year, or,

(b)a fine not to exceed $1,000124Link to the text of the note or,

(c)both such fine and imprisonment.

Second Degree Misdemeanors

Upon conviction under Fla. Stat. § 812.014(2)(d) or § 812.015 (first conviction for petit theft), or under Fla. Stat. § 812.052 (unlawful purchase of item to commemorate a deceased person), a defendant may be punished as provided in Fla. Stat. §§ 775.082 and 775.083 as follows:

(a)a definite term not exceeding 60 days,

(b)a fine not to exceed $500,

(c)both such fine and imprisonment.

Other statutes provide for additional fines and civil actions for criminal violations. Fla. Stat. § 775.0835 provides for a surcharge to be taxed to al I criminal fines to be used by the Crimes Compensation Fund.126Link to the text of the note Similarly, Fla. Stat. § 812.032 provides for an additional fine under circumstances where a defendant has either derived anything of value or has caused a loss by violating the anti-fencing act. This fine, however, is substantially more severe, providing for payment of an amount up to twice the value of the benefit derived or the loss caused, as well the cost of investigation and prosecution. Also, Fla. Stat. § 812.035 provides among other things for the issuance of injunctions by the criminal court, the revocation of permits, forfeitures to the state, and for civil proceedings by state agencies against those who violate the anti-fencing act (theft statutes).

Where a defendant is convicted of one of the above mentioned felonies, and he personally127Link to the text of the note possessed a weapon or firearm, or committed an aggravated battery during the perpetration of the offense, the felony charged is reclassified as follows:

(a)In the case of a felony of the first degree, to a life felony.

(b)In the case of a felony of the second degree, to a felony of the first degree.

(c)In the case of a felony of the third degree, to a felony of the second degree.128Link to the text of the note

However, it is important to note that Fla. Stat. § 775.087(2) is inapplicable to theft offenses.129Link to the text of the note Therefore, there is no minimum mandatory sentence for these types of violations.

[G] Application of the Sentencing Guidelines

First Degree Grand Theft Defense

Jurisdiction for Grand Theft – Make sure that the Court can call you in. There are several reasons the Court might not have jurisdiction over you.  There are many factors, call us for a free consultation.

Venue for Grand Theft– Make sure that that Court location is the appropriate one.  In most cases, the Court cannot make you drive far since it would be “inconvenient” for you the Defendant in the case.

GRAND THEFT ARREST

Arrest under charged of Grand Theft –  Here is the key. Were you properly arrested?  There might be reasons why the arrest was not done properly and yes, the Courts cannot take evidence from a wrongful arrest and use it against you. 

Search and Seizure in Grand Theft Arrests– This is going to be key in your case. Was there probable cause? Did they have a warrant that was properly issued?  Were they looking for something and then found something else? Many factors must be looked at to see if the police can use it as evidence.  There are rules of due process which cannot be ignored.

Line-Up when charged with Grand Theft – Did they show the witness a picture of you before going into the line up with others? Did the others look like you, or were they all shorter and had no tattoos? The police cannot contaminate the line-up.

GRAND THEFT MIRANDA WARNING

Miranda Warnings in Grand Theft-  You got it, just like in Law and Order, you must be read your rights, and depending on your response, we might be able to exclude your testimony.

YOU CONFESSED TO GRAND THEFT

Admissibility of Confession for Grand Theft-  The police cannot use your confession against you if they took it under duress and in a wrongful manner.  They cannot use the fruits of a poisonous tree to take you to jail.

Former Jeopardy for Grand Theft– Again, just like you’ve seen in Law and Order, they cannot try you for the same thing your are already being tried for in another case.

WHAT THEY NEED TO PROVE FOR GRAND THEFT

Corpus Delicti and Grand Theft – These are the elements the government needs to prove to show you committed Grand Theft.

1.Knowingly Obtains or Uses (Or Endeavors to)

2.Property of Another

3.Intent

a. To deprive another of a property right or benefit therefrom

b. To appropriate property to one’s use or another person’s use not entitled thereto

How they will prove Grand Theft.

Elements of Grand Theft

1.Knowingly Obtains or Uses (Or Endeavors to)

a. Taking or exercising control over property (or)

b. Making any unauthorized use, disposition or transfer of property (or)

c. Obtaining property by fraud (or)

d. Conduct proscribed by previous common law and statutory law (or)

e. Conduct similar in nature

JURY INSTRUCTIONS FOR GRAND THEFT

Jury Instructions for Grand Theft – This is critical. The government cannot give instructions that place your case in a bad light. 

If you feel that you have been wrongfully arrested for Grand Theft and that your rights were definitely violated, please call us for a confidential FREE GRAND THEFT CONSULTATION at (305) 216-2087.