Miami Motor Vehicle Theft Attorney

Motor vehicle theft occurs for many reasons and can often be boiled down to a misunderstanding between an owner and someone who borrowed a car. Regardless, criminal charges for motor vehicle theft are a serious matter and anyone charged with stealing an automobile should consult with an automobile and motor vehicle theft attorney to discuss his or her rights. Valiente Law is a criminal defense law firm with experience defending people accused of motor vehicle theft in the Miami area. The trial-tested attorneys at Valiente Law have the skills necessary to protect your rights when faced with criminal charges. 

Motor Vehicle Theft Defined

Theft requires knowingly obtaining or using, or endeavoring to obtain or use, another’s property with the intent to temporarily or permanently deprive the owner of a right to or benefit from the property, or to appropriate it to an unauthorized use. A motor vehicle is defined as an automobile including cars, trucks, and SUVs, buses, semitrailers, motorcycles, scooters, ATVs, and snowmobiles. Construction equipment, farm equipment, airplanes, and boats are not considered motor vehicles under Florida statute.

Although stealing a motor vehicle can occur when a person drives the vehicle away, it can also occur when someone deprives the rightful owner of the vehicle by exercising control over it. A delayed return or restricted access may be evidence, but the State must still prove the required intent; a misunderstanding or breach of an agreement does not automatically establish theft.

Grand Theft Auto is a Felony

Motor vehicle theft is considered grand theft, which is a felony in Florida. The punishment for grand theft depends on the value of the vehicle stolen. A prison sentence is not automatic in every case; the sentencing scoresheet, criminal history, statutory requirements, and available sentencing alternatives matter. In addition to a prison sentence, anyone convicted of motor vehicle theft may also be required to pay restitution for any monetary damages related to the crime.

Third-degree Felony

Theft of a motor vehicle valued at less than $20,000 is a third-degree felony punishable by up to 5 years in prison and a fine up to $5,000.

Second-degree Felony

Theft of a motor vehicle valued at $20,000 or more but less than $100,000 is a second-degree felony punishable by up to 15 years in prison and a fine up to $10,000.

First-degree Felony

Theft of a motor vehicle valued at $100,000 or more is a first-degree felony punishable by up to 30 years in prison and a fine up to $10,000.

Motor Vehicle Theft Scenarios

Joyriding

Stealing a car to joyride, or generally just drive around, is a common form of motor vehicle theft, especially for those under the age of 18. Joyriding is considered theft even if the vehicle is returned to its owner because the owner is deprived of the vehicle, regardless of how brief the deprivation is. 

Failing to Return a Rental Car

Theft can occur even when a person has permission to use a motor vehicle, such as when the vehicle is rented. A willful failure to return a rented vehicle can support a separate offense under §812.155 when its statutory elements and notice requirements are satisfied; a late return is not automatically a felony. Rental agencies must include specific statutory notice in the rental agreement in order to pursue charges for a stolen rental vehicle. 

Borrowing a Vehicle

Similar to failing to return a rental car, failing to return a borrowed vehicle at an agreed-upon time can also constitute theft. Keeping a car longer than promised is not by itself the complete offense. The State must prove the statutory intent to deprive or appropriate; permission, communications, and the circumstances of the delay matter. Additionally, making false representations or using trickery to obtain property may also constitute separate crimes under Florida Statute 812.155.

Carjacking

Carjacking is stealing a motor vehicle by use of force, violence, assault, or intimidation. Carjacking is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.  If a firearm is used in the course of a carjacking, punishment may be up to life in prison. 

Running a Chop Shop

A chop shop is an operation that takes stolen vehicles, disassembles vehicle parts, and sells them for reuse on other vehicles in need of repair. Running a chop shop is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. 

Sentencing Enhancements

Florida’s habitual-offender and other enhancement laws require specified prior convictions, timing requirements, procedures, and findings. One prior felony does not automatically create a 30-year minimum or a life sentence. The ordinary 30-year maximum for a first-degree felony is not a minimum. Any enhancement must be assessed under the applicable provisions, including §775.084.

Underage Defendants

Florida operates a juvenile justice system for defendants under the age of 18 who are charged with a crime. When a juvenile commits a crime, it is called a delinquent act or violation of the law. A juvenile proceeding is similar to an adult proceeding; however, the punishments are different. A juvenile is not sent to prison. Punishment may include community service, probation, mandatory drug treatment, restitution, or commitment to a juvenile facility. Defendant’s 13 years of age or older may be sentenced to a juvenile correctional facility or a juvenile prison. Under certain circumstances, the juvenile court system may certify the juvenile should be tried as an adult in criminal court.

Contact a Miami Criminal Defense Attorney

If you are accused of motor vehicle theft, you need legal representation. The experienced criminal defense attorneys at Valiente Law can explain the criminal justice process to you and protect your rights from arrest to trial. Contact Valiente Law today.