Grand Theft

Florida's grand theft statute is so broad and encompassing that it can cover shoplifting from a store to a multi-million dollar fraud.  Essentially, the law prohibits taking something that is not yours.  The severity of the punishment is determined by the value of the item that was allegedly stolen.  In order for the prosecutors to to prove a theft allegation, they must present evidence beyond a reasonable doubt that the person 

  • Knowingly;

  • Obtains or uses, or tries to obtain or use, property of another; and

  • With intent to deprive the person of a right to the property or a benefit from it, or to take the property for one’s own use or for the use of any person not entitled to it.

Also, possessing property you know to be stolen is sufficient to be charged with theft.  A momentary taking, however, does not constitute the requisite intent necessary to temporarily take another's property under the theft statute.

The Florida theft statute includes a variety of offenses related to unlawful taking of property, including larceny, obtaining by false pretenses, and misappropriation.  An often-overlooked defense is that in certain types of thefts, such as larceny or false pretenses, criminal intent must be formed at the time of the original taking.

Grand theft in the first degree, punishable as a felony of the first degree with a 30-year maximum sentence, is theft of property of a value of $100,000 or more.  Grand theft in the first degree also occurs where the offender commits any grand theft and in the course of committing the offense the offender either 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 in the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000.

Grand theft in the second degree, a felony of the second degree, is theft of property worth $20,000 or more but less than $100,000, punishable by up to 15 years in prison.

Grand theft of the third degree, punishable by up to five years in prison, is the theft of property worth $300 or more but less than $20,000.

Regardless of the value of the item, however, it is also a felony of the third degree, if the property stolen was:

  • a will, codicil, or other testamentary instrument;

  • a firearm;

  • 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;

  • property taken from a designated construction site identified by the posting of a sign;

  • anhydrous ammonia; or

  • any stop sign.

As a felony prosecutor, Erick Cruz was responsible for the prosecution of theft crimes.  During his time as a prosecutor Erick Cruz was trained on the law related to theft crimes and learned the different investigative techniques used by police to gather evidence.  With this experience, Erick has successfully defended clients accused of theft in various degrees.  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of theft charges, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case.    

Call Erick to discuss your case with him and find out how to get your theft case dismissed or charges and sentence reduced and arrest record sealed or expunged.

CALL FOR MORE INFORMATION

(305) 444-3844

VICTORIES AND NEWS

CASE DISMISSED AFTER ERICK CRUZ CONVINCES PROSECUTORS TO DROP CHARGES FOR CLIENT CAUGHT ON VIDEO STEALING FROM HER EMPLOYER

Erick will get case dismissed against Non-citizen after completing pre-trial intervention program.  

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CLIENT CHARGED WITH GRAND THEFT AFTER STEALING OVER $1000 WORTH OF MERCHANDISE WILL HAVE HER CASE DISMISSED AFTER ERICK CONVINCES PROSECUTORS TO ENROLL HER INTO A DIVERSION PROGRAM

Client charged with shoplifting over $1,000 from luxury store will have her case dismissed after completing first offender program.  

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ERICK CRUZ CONVINCES JUDGE TO IMPOSE A SIX MONTH SENTENCE ON CLIENT CHARGED IN A MULTI-MILLION DOLLAR CAR THEFT RING

A client facing close to four years in prison was sentenced to six months in jail after Erick Cruz convinced the judge that his client's cooperation and family circumstances warranted a significant reduction.

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