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Articles Posted in Grand Theft

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Grand theft is a felony charge. For a Florida third degree grand theft conviction, you may face a sentence of 5 years in prison or on probation, in addition to a fine. However, if you receive probation, you need to be aware that there are certain conditions you’ll need to meet. Even if the defendant is a juvenile, failure to meet those conditions can result in penalties.

In a recent Miami appellate decision, the juvenile defendant appealed two contempt orders and sentencing. These were imposed because the court had found he’d committed indirect contempt of court by repeatedly violating home detention orders. It was determined that the lower court didn’t violate the statutory blueprint of chapter 985 of the Florida Statutes as related to a juvenile who’d been committed to the Florida Department of Juvenile.

The case arose when the court found the juvenile, who was 14 at the time, delinquent in five different matters, including petit theft charges and strong arm robbery. He was placed at a minimum risk nonresidential restrictiveness level under Florida Statutes section 985.441(1)(b). This meant he’d live at home with his mom and go to a day treatment program.

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If you are convicted of grand theft in Miami, you may be sentenced, at least partly, to probation. There are number of conditions you must follow if you are put in probation, and if you fail to meet those conditions, you may be sentenced to prison. It is always best to reach out to a Miami grand theft attorney if you have questions that relate to a charge of this nature.

In a recent case, a defendant sought to reverse the lower court’s order revoking probation and his sentence of 5 years imprisonment. The appellate court reversed, concluding there was no substantial or competent evidence to support the lower court’s finding that the defendant willfully and substantially violated the probation conditions that he not possess firearms or possess cannabis with intent to sell. It did find, however, that he’d violated one probation condition by associating with people involved in crime.

The case arose in 2013, when a defendant pled guilty to grand theft of a vehicle and was put on reporting probation for three years. This probation was modified and lengthened for a year in 2016. The following year while driving, the probationer was stopped by the police for an infraction. Three other people were riding as passengers in his car, in both the front and back seats. The police officer could smell marijuana coming from the car when he stopped it.

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One of the most violating experiences you can experience throughout your life is your property being stolen from you. No matter whether it is your car, jewelry or a priceless painting, your property being taken from you without your prior consent can cause severe stress and emotional anguish. In Florida, Grand Theft is considered any property valued over $300 that you have been permanently deprived of to use and enjoy. Florida has various degrees of Grand Theft that have an affect on the severity of the punishment. If you are ever faced with theft, it is important to know what your rights are and what you can recover if your property is lost indefinitely.

“Section 812.014 of the Florida Statutes defines Grand Theft as someone who is using the property of another with the intent to deprive them of the use of that property either temporary or permanently.” Any property valued over $300 falls under this statute. If someone enters your home and/or takes any of your property without your permission whether they plan on giving it back or permanently taking possession of it, it is considered Grand Theft if its value is over $300. Most individuals assume that because something lacks overall significance or isn’t expensive that it doesn’t warrant the importance to be considered punishable by law. Many victims of theft believe that they are helpless, but the statute was implemented to protect your property no matter how insignificant the object might be to another individual.

In Florida, the penalty for Grand Theft is determined by the degree of the penalty. The value of the property will determine how the crime is classified and which penalty the defendant will receive. The value of the property plays a key role on how the crime will be classified; because it will establish which penalty the defendant will receive.

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Retail theft is always a concern among department stores and perhaps even more so around Christmas time when the stores are crowded and thieves see even more opportunities. Most stores now affix anti-theft devices to sale items or scanners at exits along with undercover shoppers to observe and either detain or report to police those suspected of shoplifting.

Theft at department stores continue regardless of measures taken by managers. In a recent incident in Miami, a man and his female accomplice were arrested for the alleged theft of an $1800 handbag from a T.J. Maxx store.

The defendant, 34-year old Kyle Fuller of Lake Worth, was apparently seen cutting off the anti-theft device and then cramming the expensive handbag into his sweat pants before leaving the store without paying. Mr. Fuller also had a female companion who drove Mr. Fuller from the store. Both were later arrested at an Office Max that same day. A search of Mr. Fuller’s clothing found a wire cutter and aluminum foil, tools typically used by retail thieves to thwart anti-theft measures.

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Being charged with shoplifting or a retail theft crime in Florida can have serious consequences. If convicted, your criminal record could negatively impact your social, financial, and even professional well-being. With consequences so severe, it’s critical to have a defense attorney on your side, one with the expertise and experience needed to successfully lead you through this complex case.

In the state of Florida, there are many specific types of thefts that you can be charged with. Regardless of which degree you’re charged with, however, the reality is that the consequences are severe and potentially long lasting. Specific types of thefts include:

  • Grand theft. This term distinguishes the severity based on the value stolen. Property stolen that exceeds $300 in value is considered grand theft in Florida, and a conviction of grand theft is a third degree felony that can be punished with up to 5 years in prison.
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Grand theft is not just a fancy name. It is actually quite a serious crime and may result in more serious penalties than you realize. Grand theft, unlike petit theft, involves unlawfully taking property that is valued at more than $300. It can also involve theft of testamentary instruments such as a will, or even a firearm or automobile, but even more serious is the taking of property valued over $20,000 or emergency medical equipment worth more than $300.

Are you facing charges of grand theft? Don’t wait. The first thing you should do is refrain from panicking about the charges, and the second thing to do is contact a highly skilled and well qualified Miami Grand Theft Defense Attorney such as Evan A. Hoffman. An attorney with such a level of expertise can help you out with your accusation of grand theft, so you should definitely make sure that you contact us to learn more about how you can fight these charges.

If you have been accused of grand theft, here are some things you need to know: 

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