Grand Theft (Larceny)

Grand Theft Third Degree

Usually, the only thing that makes a theft a felony, as opposed to a misdemeanor, is the when the value of the stolen property is $300 or more.  It does not matter whether or not you knew what the value of the property was so long as the prosecutor can prove it.  If the value is proven to be $300 or more but less than $20,000, it is Grand Theft 3rd Degree.  Other ways of getting charged with Grand Theft Third Degree are if the stolen property is: a motor vehicle, will, a firearm, a stop sign, a fire extinguisher, any commercially farmed animal, any controlled substance.

Crime Level: 3rd degree felony

Most likely outcome*: Felony probation, community service hours, no return to the place of the theft, an impulse control course, court costs, costs of prosecution.

Maximum Penalties: 5 years in state prison or probation; $5,000 fine.

Collateral Consequences: Stigma of being arrested for a crime of dishonesty.  Civil demand letter asking for a settlement payment to a civil law firm.

Possible Diversion: Yes, with victim approval.  No, if you stole from your employer.

Defenses: Mistake (no intent), Entrapment, Necessity.

Related Offenses: Petit Theft, Burglary, Robbery, Carjacking, Home Invasion Robbery

* For Orange County, Florida, assuming no priors or aggravators.  Actual outcomes vary from case to case and this most likely outcome estimate should not be relied upon as definite.

Grand Theft Second Degree

It is Grand Theft 2nd Degree if the value of the property is valued at $20,000 or more but less than $100,000.  There are other ways to get charged with Grand Theft Second Degree as well – such as stealing law enforcement property, stealing emergency medical equipment, or stealing cargo engaged in intra or interstate commerce – but these are rare.

Crime Level: 2nd degree felony

Most likely outcome*: Felony conviction, probation followed by some jail, community service hours, no return to the place of the theft, an impulse control course, court costs, costs of prosecution.

Maximum Penalties: 15 years in state prison or probation; $10,000 fine.

Collateral Consequences: Stigma of being arrested for a crime of dishonesty.  Civil demand letter asking for a settlement payment to a civil law firm.

Possible Diversion: No.

Defenses: Mistake (no intent), Entrapment, Necessity.

Related Offenses: Petit Theft, Burglary, Robbery, Carjacking, Home Invasion Robbery

* For Orange County, Florida, assuming no priors or aggravators.  Actual outcomes vary from case to case and this most likely outcome estimate should not be relied upon as definite.

Grand Theft First Degree

Perhaps the rarest form of theft is that of the first degree.  This is where the value of the property stolen is $100,000 or more.  You can also be charged with Grand Theft 1st degree if, during the course of any grand theft, you use a motor vehicle or cause damage to property in excess of $1,000.

Crime Level: 1st degree felony

Most likely outcome*: Felony conviction, probation followed by some jail or prison, community service hours, no return to the place of the theft, an impulse control course, court costs, costs of prosecution.

Maximum Penalties: 30 years in state prison or probation; $10,000 fine.

Collateral Consequences: Stigma of being arrested for a crime of dishonesty.  Civil demand letter asking for a settlement payment to a civil law firm.

Possible Diversion: No.

Defenses: Mistake (no intent), Entrapment, Necessity.

Related Offenses: Petit Theft, Burglary, Robbery, Carjacking, Home Invasion Robbery

* For Orange County, Florida, assuming no priors or aggravators.  Actual outcomes vary from case to case and this most likely outcome estimate should not be relied upon as definite.

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For strong advocacy and protection of your rights, hire an Orlando theft crimes attorneys at the earliest possible stage. Call The Fighter Law Firm, P.A. at 407-574-7576 or send us an e-mail, and we will respond shortly.


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