Because theft is considered a crime of dishonesty, the State of Florida is particularly tough when penalizing these types of offenses. It only takes one allegation of grand theft to lead to lengthy prison time, substantial fines, and other severe penalties.
Grand theft crimes are serious, and mitigating these types of charges requires a comprehensive legal defense strategy. With over 30 years of experience, Criminal Defense Attorney Brian Gabriel has the skills needed to defend these types of charges effectively. Mr. Gabriel will use all of the knowledge and experience to use in getting your charges reduced or, if possible, dropped entirely.
What Is the Crime of Grand Theft in Florida?
Grand theft is defined under Florida law as the unlawful taking of another person’s property with a value of at least $750.
In cases where the stolen property is a motor vehicle, the accused person would be charged with grand theft auto. To be charged with grand theft auto, certain circumstances must be proven in your case, which include the following:
- You intentionally used, obtained, or attempted to use or obtain someone else’s motor vehicle.
- You temporarily or permanently deprived the person of their motor vehicle.
- You or another person planned to use the vehicle without permission from the owner.
- The motor vehicle was worth at least $750.
Effective Defense Strategies for Grand Theft Crimes in Florida
In Florida, grand theft is the unlawful taking of property or money valued above a certain amount, and it is considered a felony offense. If you are facing grand theft charges in Florida, it is important to understand the various legal defense strategies that can be used to defend them.
Lack of Intent
One of the most common defense strategies in grand theft cases is to argue that you lacked the intent to steal. In Florida, this defense can be used under the “deprived of right” theory, which means you believed you had a right to the property. To use this strategy, your attorney will need to present evidence that supports your lack of intent.
Mistaken Identity
Another defense strategy is to argue you were mistaken for someone else who committed the theft. This could happen if the witness or victim did not get a good look at the perpetrator or if they were provided with inaccurate information. In Florida, you can use witness testimony, surveillance footage, and other evidence to support this defense.
Consent
If you had the owner’s consent to take the property, you cannot be charged with theft. This defense is often used in cases involving disputes over ownership or when someone is accused of taking property that was left out in the open. In Florida, this defense is known as the “claim of right” defense.
Insufficient Evidence
Another defense strategy is to argue that the prosecution does not have enough evidence to prove your client committed the crime. This could be because the evidence is circumstantial, there are inconsistencies in witness testimony, or the prosecution is relying on unreliable evidence. In Florida, this defense is known as the “sufficiency of the evidence” defense.
Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they would not have otherwise committed. If you can prove you were coerced or induced by law enforcement to commit the crime, you may be able to use this defense.
With the right approach and an experienced attorney, you can achieve the best possible outcome in your grand theft case.
Hire a Florida Grand Theft Defense Attorney to Defend Your Case
If you or someone you know is facing grand theft charges in Florida, do not hesitate to contact Criminal Defense Attorney Brian Gabriel. Mr. Gabriel has the experience and knowledge necessary to build a strong defense and protect your rights. Do not wait; the sooner you act, the better your chances of developing a successful defense.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.