Fighting First-Degree Felony Grand Theft Charges in Miami

 

Fighting First-Degree Felony Grand Theft Charges in Miami

Getting charged with grand theft in Miami can be scary. Grand theft charges range from third-degree felonies to first-degree felonies, with penalties ranging from probation to decades in prison. But having an experienced Miami grand theft defense attorney on your side can help. There are defenses available, and an attorney who knows how to fight these charges can make all the difference.

What is Grand Theft in Florida?

Grand theft refers to stealing property valued at $300 or more in Florida. There are three degrees of grand theft charges:

• Third-degree felony: Property stolen worth between $300-$20,000
• Second-degree felony: Property stolen worth between $20,000-$100,000
• First-degree felony: Property stolen worth over $100,000

Grand theft can also include stealing certain types of property like cargo, firearms, or semitrailers deployed by law enforcement.

Penalties for First-Degree Grand Theft

A first-degree felony grand theft conviction in Florida can result in:

• Up to 30 years in prison
• Up to $10,000 in fines
• Restitution to the victim
• 5 years minimum prison sentence if a firearm was involved

These are severe penalties that can negatively impact someone’s life for decades. That’s why fighting the charges is so important.

Common Defenses Against First-Degree Grand Theft

There are defenses available to fight first-degree grand theft charges. A knowledgeable attorney will evaluate the evidence and determine what defenses apply in your case. Common defenses include:

You Didn’t Knowingly Steal the Property

For a grand theft conviction, the prosecution must prove you knowingly and intentionally stole the property. If you didn’t realize the property was stolen, that could invalidate the charges.

You Had Permission to Take the Property

If the property owner gave you permission to take or use the property, that means you didn’t steal it. This is a valid defense against theft.

You Didn’t Take the Property

If you weren’t the person who actually stole the property, you can’t be convicted of theft. Eyewitness misidentification is common. If the evidence doesn’t definitively prove you took the property, the charges should be dismissed.

The Property’s Value Doesn’t Meet the Threshold

The prosecution must prove the property stolen exceeds the minimum value for a first-degree charge. If the property was worth less than $100,000, the charge may be reduced to a lesser degree with lower penalties.

You Have an Alibi

If you have evidence proving you were somewhere else when the theft occurred, that provides a solid defense to the charges. Alibis create reasonable doubt about the prosecution’s accusations.

The Importance of a Skilled Grand Theft Attorney

Fighting a first-degree felony grand theft charge requires an aggressive defense attorney. A conviction can destroy your finances, reputation and freedom. But the prosecution’s case isn’t perfect. The right attorney can exploit flaws in the evidence and apply defenses that create reasonable doubt.

A skilled lawyer will also negotiate with the prosecution. Often lesser charges like petty theft or probation may be offered through plea agreements. An attorney knows how to leverage defenses to get you the best possible outcome.

Don’t leave your fate to chance. Hire an experienced Miami grand theft lawyer to defend your rights. There are options available to fight the charges and seek the best resolution in your case. Don’t wait to act – call a defense attorney today.

Building Your Defense Case

There are steps you can take to start building your defense case against first-degree grand theft charges:

• Gather alibis – Talk to anyone who can confirm where you were when the theft occurred. Alibis create reasonable doubt.
• Review the evidence – Understand what evidence the prosecution has against you. Look for flaws, inaccuracies and constitutional violations.
• Preserve exculpatory evidence – Keep any evidence proving your innocence, like receipts, communications or photos. Don’t let it get lost.
• Research case law – Your attorney can use precedent from prior cases to support dismissal motions and defense arguments.
• Line up expert witnesses – Experts can challenge the prosecution’s evidence and testify for the defense. Common experts in theft cases include DNA experts, private investigators and appraisers.

Building a strong defense takes time. Avoid delays – hire an attorney quickly and start crafting your defense strategy.

The Pre-Trial Process

The pre-trial process involves negotiations between your defense attorney and the prosecutor to reach a favorable resolution to your case. Here are key steps:

• First appearance – This hearing is typically the day after your arrest. You’ll be formally charged, enter a plea, and bail will be set. Don’t say anything without your lawyer.
• Discovery – Your attorney will request evidence from the prosecution through the discovery process. Reviewing this evidence is crucial for building defenses.
• Motions to dismiss – Your lawyer can file motions arguing there’s insufficient evidence or constitutional rights violations. If granted, charges can be dismissed pre-trial.
• Plea negotiations – Your attorney can negotiate with the prosecution for reduced charges or probation through plea deals. Don’t accept any deal without your lawyer’s advice.
• Pre-trial conferences – These meetings are used to discuss plea options and outstanding issues before trial. Deals can still be made at this point.

Working quickly and aggressively during pre-trial can lead to charges being dismissed or plea bargains for lesser penalties. An experienced attorney will know how to navigate this process effectively.

How Trials Proceed for Grand Theft

If a plea deal can’t be reached, your case will go to trial. Miami grand theft trials generally involve the following:

• Jury selection – Attorneys question and select jurors who will decide your guilt. Your lawyer will aim to choose fair, unbiased jurors.
• Opening statements – The prosecution and defense make opening statements explaining the case evidence and trial themes.
• Prosecution’s case – Prosecutors call witnesses and present evidence trying to prove the theft charges against you.
• Cross-examination – Your attorney questions prosecution witnesses, highlighting contradictions and casting doubt on their claims.
• Defense case – Your lawyer presents your side of the story through witnesses and evidence. The goal is to create reasonable doubt.
• Closing arguments – Attorneys summarize the trial evidence and argue why you should be found guilty or not guilty.
• Jury deliberation – The jury discusses the case privately then returns a verdict. All jurors must agree on a guilty or not guilty verdict.
• Sentencing – If you’re convicted, the judge will impose a sentence following Florida sentencing guidelines.

Having an aggressive trial lawyer is crucial for getting not guilty verdicts or hung juries that lead to mistrials. Don’t go to trial without experienced legal representation.

Getting Your Case Dismissed

One of the best outcomes is getting your first-degree grand theft charges dismissed pre-trial. There are two main ways charges can be dismissed:

1. Lack of Evidence

If the prosecution doesn’t have enough solid evidence to prove their case, your attorney can file a motion to dismiss arguing there is insufficient evidence. If the judge agrees, the charges will be dropped.

2. Unlawful Arrest

If police violated your rights by unlawfully detaining or arresting you, any evidence obtained may be suppressed. This can lead to dismissal of charges.

Accepting a Plea Deal

If the evidence is strong against you, your attorney may advise accepting a plea bargain to get reduced charges and a lighter sentence. Some benefits include:

• Avoiding mandatory minimums and maximums
• Preventing the prosecution from adding more charges
• Getting probation instead of prison time

Don’t accept any plea deal without your lawyer thoroughly reviewing it first.

Consequences of a Conviction

If convicted of first-degree grand theft, consequences include:

• Years or decades in prison
• Thousands in fines and court costs
• Restitution to the victim
• Permanent criminal record
• Difficulty finding employment
• Loss of civil rights like voting and gun ownership

These severe consequences demonstrate the importance of building an aggressive defense with an experienced attorney.

Get a Strong Defense Attorney

Don’t leave your future to chance. The stakes are too high. Hire a knowledgeable Miami grand theft lawyer to defend your rights. An attorney can evaluate your case, apply defenses, negotiate with prosecutors and represent you at trial. There are options to fight the charges. Take action today to protect your freedom.