Grand Theft Attorneys Palm Beach and Broward County


If you have a legal issue involving Grand Theft and need legal counsel, contact Bottari & Doyle Law Firm in Palm Beach County for representation at 561-588-2781.Grand Theft may be either a first degree, second degree or third degree felony depending on the value and/or nature of the stolen property. Penalties for grand theft may include prison, jail, probation, restitution to the victim and fines.

Definition Grand Theft

To convict a Defendant of Grand Theft, the State must prove the following two elements beyond a reasonable doubt:

  1. The Defendant knowingly and unlawfully obtained or used or endeavored to obtain or to use the property of the victim, and;
  2. The Defendant did so with the intent to either temporarily or permanently:

    1. Deprive the victim of the victim’s right to the property or any benefit from it, or;
    2. Appropriate the property of the victim to the victim’s own use or to the use of any person not entitled to the property. 

If the jury finds that the above two elements have been proven beyond a reasonable doubt, the jury must then determine if the State has proven beyond a reasonable doubt the statutorily required value of the property and/or nature of the property.

Grand Theft – First Degree: Occurs when the stolen property was:

  1. Valued at $100,000 or more.
  2. A semitrailer deployed by a law enforcement officer.
  3. Cargo valued at $50,000 or more that has entered the stream of commerce interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock
  4. A person also commits first degree grand theft when the person 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.

Grand Theft – Second Degree: Occurs when the stolen property was:

  1. Valued at $20,000 or more, but less than $100,000.
  2. 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.
  3. 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 401.
  4. Law enforcement equipment, valued at $300 or more that is taken from an authorized emergency vehicle.

Grand Theft – Third Degree: Occurs when the stolen property was:

  1. Valued at $300 or more, but less than $5,000.
  2. Valued at $5,000 or more, but less than $10,000.
  3. Valued at $10,000 or more, but less than $20,000.
  4. The property was a will, codicil or other testamentary instrument.
  5. A firearm.
  6. A motor vehicle, unless 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. In this situation, the offender commits a grand theft in the first degree.
  7. 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.
  8. A fire extinguisher.
  9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
  10. Taken from a designated construction site identified by the posting of a sign.
  11. Any stop sign.
  12. Anhydrous ammonia.
  13. Any amount of a controlled substance.
  14. Valued at $100 or more, but less than $300 and located at a dwelling or unenclosed curtilage of a dwelling. 

Penalties for Grand Theft

The penalties for Grand Theft depend on whether the Defendant is convicted of first degree, second degree or third degree Grand Theft. Grand Theft in the third degree is punishable by up to 5 years in state prison, or 5 years of probation with a $5,000 fine. Grand Theft in the second degree is punishable by up to 15 years in state prison, or 15 years of probation with a $10,000 fine. Grand Theft in the first degree is punishable by up to 30 years in state prison with a $10,000 fine.

Defenses to Grand Theft

The following are some common defenses applied to theft charges:

  1. Consent: The Defendant believed that he or she had the owner’s consent to take the owner’s property.
  2. No intent to steal the property of another: The Defendant had a good faith belief that he or she owned the property, had a possessory interest in the property or had joint ownership in the property.

Contact Us

If you have been arrested or charged with Grand Theft in Palm Beach County, Broward County, or Martin County contact a
Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.