Miami Grand Theft Lawyer

A grand theft charge raises practical questions: what makes the allegation a felony, how the property was valued and whether a first offense changes your options. The answers depend on the evidence, the exact charge and the law that applies to the alleged offense date.

Valiente Law represents people facing theft charges in Miami-Dade County state court. We can review the accusation, identify the issues that matter and explain your choices before you make a decision about your case.

Call 305.764.5460 for a free, confidential consultation. Se Habla Español.

What is grand theft in Florida?

Under section 812.014, Florida Statutes, theft requires knowingly obtaining, using or attempting to obtain or use someone else’s property with the required intent to deprive the owner of a right or benefit, or to appropriate the property to someone not entitled to it. That intent can be temporary or permanent.

For ordinary value-based theft, grand theft begins at $750. But some property and circumstances can make a theft a felony even below that amount. A lawyer should examine the statutory subsection in the charging document rather than rely only on the dollar amount in an arrest report.

Burglary and robbery are separate offenses with their own elements. A grand theft allegation does not by itself establish either one. If your paperwork lists several charges, each needs its own review. Our Florida theft classifications explains the broader categories.

Grand theft degrees and ordinary penalties

This table summarizes ordinary adult value-based classifications. It does not cover every special theft category or sentencing enhancement.

These are statutory maximums, not predictions or automatic sentences. The sentencing scoresheet, prior record, additional counts and any applicable enhancement require separate review. Florida law also permits higher fines in specified circumstances. Court costs and restitution can be separate from a fine.

When the dollar amount is not the whole answer

• Property type: firearms and motor vehicles fall within special grand theft provisions. Their classification cannot be decided solely by the ordinary $750 threshold.
• Where property was taken: property worth $40 or more but less than $750 taken from a dwelling or its unenclosed curtilage can qualify as third-degree grand theft. Unenclosed curtilage refers to the legally covered area associated with the dwelling; whether a particular location qualifies requires review.
• Cargo and equipment: qualifying cargo worth $50,000 or more can support first-degree grand theft. Specified emergency medical or law enforcement equipment worth $300 or more can support second-degree grand theft when the statutory location requirements are met.
• Other circumstances: designated construction sites, certain prior convictions, coordinated theft, qualifying retail conduct, property damage and theft facilitated by emergency conditions can trigger different provisions.

These examples are not exhaustive. For lower-value allegations, review petit theft penalties and first-offense questions, while keeping the statutory exceptions in mind.

How is the value of the property proved?

Section 812.012 generally looks to market value at the time and place of the alleged offense. If that cannot be satisfactorily determined, the statute provides for replacement cost within a reasonable time afterward. It also contains special valuation rules.

A receipt, an owner’s estimate or a store’s stated price may be relevant evidence, but the defense should examine how the amount was established. For used property, age, condition, comparable sales and the records supporting an estimate may matter. Crossing a value threshold can change the alleged degree.

Separate items are not always considered in isolation. Florida law permits values to be added together for thefts committed under one scheme or course of conduct. Your lawyer can review whether the State’s proposed grouping and valuation are supported. A dispute about value does not automatically defeat the entire charge or eliminate a special theft category.

What should a grand theft defense review?

The State must prove the charge beyond a reasonable doubt. A case review should address both the alleged taking or use and the intent required by law. Useful questions include:

• Identity: do recordings, witnesses and transaction records reliably connect you to the alleged conduct?
• Permission and intent: what was agreed, who could authorize use of the property and what do messages or documents show?
• Ownership interests: who had rights in the property? A shared ownership interest does not automatically establish a defense to interfering with another person’s rights.
• Value and classification: is there sufficient evidence of the legally relevant value or the special category charged?
• Evidence collection: is there a legal basis to challenge the use of statements, a search or other evidence?

Preserve records you already have, including receipts, agreements, messages and photographs. Do not alter or delete them. Tell your lawyer promptly about possible video or witnesses so preservation options can be considered. Returning property or saying that you intended to return it does not, by itself, disprove theft.

What if this is your first grand theft charge?

A first arrest is relevant to evaluating your options, but it does not guarantee a dismissal, diversion or a sentence without incarceration. Reviewing possible resolutions should happen alongside reviewing the evidence and defenses.

Florida’s pretrial intervention statute provides an eligibility route for certain first offenders and people with no more than one prior nonviolent misdemeanor who are charged with a misdemeanor or third-degree felony. Required approvals and other conditions still apply. It is not automatic admission, and this provision does not make every degree of grand theft eligible.

The Miami-Dade State Attorney’s Office describes local pretrial diversion as an alternative to prosecution. Its published description provides for charges to be dropped when an admitted participant completes every condition and remains arrest-free during participation. Your lawyer should confirm the program, eligibility, written terms and effect of completion in your actual case.

Before agreeing, review any required plea or admissions, deadlines, financial obligations and consequences of noncompletion. Do not personally seek a victim’s consent for statutory pretrial intervention; section 948.08 prohibits that contact by the defendant or the defendant’s immediate family. Have your lawyer address the appropriate process.

Noncitizens: review immigration consequences before an agreement

A Florida criminal outcome and a federal immigration outcome are separate questions. A withhold of adjudication can still meet the federal definition of a conviction when a qualifying plea, finding or admission is combined with a court-ordered punishment, penalty or restraint on liberty under 8 U.S.C. § 1101(a)(48).

Do not assume that no jail time, a reduced charge or a program called diversion is automatically safe for immigration purposes. Tell your defense lawyer about your status and concerns before accepting a plea or program agreement. The exact statute, case record, proposed terms and your immigration circumstances need individualized review, with immigration counsel where appropriate.

Common questions about grand theft in Miami-Dade

Can shoplifting be charged as grand theft?

Yes. A retail setting does not make every allegation a misdemeanor. Value and the applicable theft or retail-theft provisions matter. Review the charging document and supporting evidence before assuming which classification applies.

Does returning the property end the case?

No automatic dismissal follows from returning property or paying money. Those facts may matter to the evidence or possible resolution, but the required intent can be temporary, and restitution is a separate issue. Discuss any proposed return or payment with your lawyer and follow court orders.

Can grand theft be reduced to petit theft?

A reduction may be an issue to discuss when the evidence does not support the charged value or category, or as part of negotiations. It is not guaranteed. The ordinary value bands do not override special statutory categories.

Will a first offense mean probation instead of prison?

There is no universal first-offense result. Your lawyer must review the charge, evidence, sentencing scoresheet, history and available resolutions before discussing likely options. The maximum penalties above do not tell you what sentence a particular case will receive.

What should I bring to the consultation?

Bring your arrest or court paperwork, case number, next court date, release conditions and any relevant records you already have. Include prior case dispositions and questions about work, professional licensing or immigration. Keep original documents intact.

Discuss your Miami-Dade grand theft charge with Valiente Law

You do not have to decide how to resolve the case before having the evidence reviewed. Contact Valiente Law to discuss the exact charge, the next required court date and the consequences that matter to you.

Call 305.764.5460 or request a free, confidential consultation. Se Habla Español.

This page provides general information, not advice about a particular case. Outcomes depend on the facts and applicable law.