Volusia County Grand Theft Attorney
Sam Masters Legal is a Daytona Beach Grand Theft Attorney Who Provides Legal Representation to Individuals in Volusia and Flagler Counties, who have been charged with Grand Theft Crimes
Sam N. Masters, the founder of Sam Masters Legal, a Volusia County Grand Theft Auto Attorney with more than 35 years of criminal trial experience makes Sam Masters Legal an outstanding choice for your legal representation.
Under Florida Statute Chapter 812 (THEFT, ROBBERY, and RELATED CRIMES), a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property.
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Grand Theft is broken into Three Classifications which are:
First Degree Grand Theft
(Punishable by up to 30 years in prison)
- The property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
- The property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or
- When the offender commits any grand theft and:
- In the course of committing the offense the offender 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.
Second Degree Grand Theft
(Punishable by up 15 years in prison)
- The property stolen is valued at $20,000 or more, but less than $100,000;
- The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;
- The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or
- The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003.
Third Degree Grand Theft
(punishable by up to 5 years in prison)
The property stolen is:
- Valued at $300 or more, but less than $5,000.
- Valued at $5,000 or more, but less than $10,000.
- Valued at $10,000 or more, but less than $20,000.
- A will, codicil, or other testamentary instrument.
- A firearm.
- A motor vehicle, except as provided in paragraph (a).
- Any commercially farmed animal, including any animal of the equine, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; and aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
- Any fire extinguisher.
- Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
- Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
- Any stop signs.
- Anhydrous ammonia.
- Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.
- Valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
Under each section above, some offenses may also be enhanced to a higher degree if they were committed under conditions arising out of a state of emergency. In addition, any person commits a Petit Theft and has previously been convicted of two or more Petit Thefts, commits a Third-Degree Felony, punishable by up to five years in prison.
There are several defense strategies that could be utilized on your behalf. They include the following:
- Belief of right or Ownership- If the accused had a good faith belief that he owned the property even if the belief was false
- Entrapment - If someone induces the defendant to commit a theft, who normally would otherwise not have committed the crime nor had the prior inclination to do so.
- Consent – There is no theft of property if the owner consented in any way to the defendant taking the property.
- Equal Ownership – A co-owner is not guilty of theft unless the other co-owner has a legal standing the allows the withholding of the property from the defendant
- Property of No Value – Taking of trash is not a crime. If the defendant can prove that the Item(s) had no apparent value such as things set aside on the roadway for trash pickup.
- Duress – If a defendant can prove to the jury that he was forced by someone to commit the crime, the jury may find that they did not act voluntarily and should not bear the responsibility for the crime.
Sam Masters Legal will put his more than 35 years of knowledge and experience to work for you. If you are unfortunate enough to be facing grand theft or grand theft auto charges, Sam Masters Legal can help.
Call (386) 252-4717 today for a free initial consultation with a Volusia County Grand Theft Auto Attorney.