Gainesville Theft Crime Attorney
Need a lawyer for a theft case in Gainesville?
Theft crimes in Gainesville can be divided into two categories - petty theft and grand theft. The distinction between the two is based upon the monetary value of the stolen property. Below $300 it is considered to be petty theft and above the $300 mark it becomes grand theft. While there can be additional charges, such as if the theft was accompanied by a weapon or a threat of force, for simplicity theft is the taking of another's property without authorization and with the intent to deprive the other of use or ownership of that property. In fact in order to prove that theft took place it must be proved that:
- There was an intent to deprive another of the right or benefit of a property
- To take the property for personal use, or for another's use, where the right to such use did not exist
This can be a very serious crime and can carry heavy fines as well as significant jail or prison time. If faced with such charges one will need strong legal representation. Even a petty theft charge can have long term negative effects upon one's future and should be fought with the help of a Gainesville criminal defense attorney. At Kinsell & Whitaker, our attorneys have over 15 years of experience representing clients in criminal matters and are highly familiar with the proper defense of such charges.
Potential Penalties for Grand Theft
There are three levels of Grand Theft in Florida which are based upon the value of the property taken.
First Degree Grand Theft - this is assigned when the stolen property is above $100K in value or if it is shipping cargo then the value was above $50K. The incarceration sentence ranges from a minimum of 21 months in prison to a maximum of 30 years. If probation is called for then the period can be up to 30 years. The top fine is set at $10K.
Second Degree Grand Theft - this is assigned if the value of the property is between $20k and $100K. If shipping cargo then the property would be valued at under $50K. Additionally this can be adjudicated if the stolen property was emergency medical equipment worth more than $300. The maximum sentence is 15 years in prison with up to 15 years of probation. The fine can be as high as $10K.
Third Degree Grand Theft - this is assigned for thefts of property valued between $300 and $20K. This also includes the theft of firearms, motor vehicles and the involvement of a will, testamentary instrument or codicil. The term of sentencing can be up to 5 years in prison and up to 5 years of probation. The maximum fine is $5K.
There are several very strong lines of defense against charges of this nature. Need an attorney for a theft case in Gainesville? It is important that you contact a Gainesville theft attorney for a full review of your case and the charges against you.