In Florida, when a person is accused of theft-related crimes, they need to understand that the charges and penalties for a conviction can be severe. They can also hinge on the circumstances of the alleged offense.
Often, when property is stolen, a vehicle is used as part of the offense. While most might see a getaway vehicle as a part of the crime, the way the vehicle is used can enhance the charges if it differs from the vehicle simply being used to flee the scene. Knowing when this is part of the prosecution and its penalties can be a fundamental point in crafting an effective defense.
Grand theft and a vehicle being used as an instrumentality
State law regarding theft has many tenets. The value of the property that was stolen will determine the charges. People who steal property with a value that goes beyond a certain amount can be charged with a felony.
It will be grand theft of the third degree and a third-degree felony if the value of the property is at least $750 and less than $5,000; is $5,000, but less than $10,000; or is $10,000 but less than $20,000.
Although a third-degree felony is the lowest level of felony charges in the state, there can still be significant penalties meted out. Conviction can result in five years’ incarceration and fines of up to $5,000.
The use of an automobile as an instrumentality can raise the charges from a third-degree felony to a first-degree felony. The penalties can be 30 years’ incarceration and up to $10,000 in fines. When there is damage to another person’s real property when using the vehicle in this way, then the charges can be raised to first-degree felony status.
Those charged with felony theft should be prepared to lodge a defense
Any property crime can result in criminal penalties, but when they are categorized as grand theft and a vehicle was used as an instrumentality, the person charged must be fully aware of how much more significant the possible ramifications can be.
To address felonies, there are viable and effective strategies that can be used to reach a positive outcome and keep the long-term damage to a minimum. There could be plea agreements available or the situation could be such that an acquittal is possible. Tailoring the defense to the case is key and that starts with formulating a coherent plan based on the charges. Having advice is vital from the beginning.