When you hear the term “grand theft,” you might automatically think of stealing cars, Grand Theft Auto. However, this crime includes far more than that. You may be charged with Grand Theft if you are suspected of stealing property valued $300 or more. In addition to jail time and substantial fines, a grand theft conviction is something you will have to carry around forever if you are found guilty of this crime. A crime of theft will pose challenges when applying for things such as jobs. Employers will be wary of these types of charges.
If you are facing a Grand Theft charge, contact experienced criminal defense litigator Ron Herman. With vast courtroom experience, Attorney Herman is prepared to fight all charges for you.
What is the law surrounding Grand Theft?
In order for a prosecutor to mount a successful case against you on a Grand Theft charge, he or she must prove the following elements:
- You, the defendant, knowingly and unlawfully obtained, used, or tried or use the property of another;
- You did this with the intent to temporarily or permanently deprive the victim of his or her property; and
- The property was worth $300 or more.
Property value will be established by looking to the fair market value of the property at the time and place that the offense was committed. If this is not discoverable, the value will be based on how much it would cost to replace the stolen property within a reasonable amount of time after the offense occurred.
If found guilty of Grand Theft, punishment will generally be based on the value of the property that was stolen. A more valuable piece of property will lead to harsher penalties. There are three degrees of Grand Theft charges which are:
- Grand Theft of the Third Degree: This is a third degree felony carrying penalties of up to 5 years in prison or probation and a $5,000 fine. You will likely face this charge if suspected of taking property worth more than $300, but less than $20,000 or the item stolen was something like a will, firearm, or something else specifically listed by the statute.
- Grand Theft of the Second Degree: This is a second degree felony carrying penalties of up to 15 years in prison or probation and a $10,000 fine. You will likely face this charge if suspected of taking property worth more than $20,000, but less than $100,000, shipping cargo worth less than $50,000, or emergency medical equipment worth more than $300.
- Grand Theft of the First Degree: This is a first degree felony carrying penalties of up to 30 years in prison or probation, and a $10,000 fine. You will likely face this charge if suspected of taking property worth more than $100,000 or shipping cargo worth more than $50,000.
Being charged with Grand Theft is not the end. There are many ways to mount a successful defense to this crime. For example, a commonly used defense is lack of intent. Grand Theft is a specific intent crime meaning that the person taking the property must have had the exact intent of depriving the victim of the property, or stealing. If you took the property, but did so thinking that you owned the property, then a Grand Theft conviction could not be substantiated.
Defending those Facing Grand Theft Criminal Charges
Attorney Ron Herman is here to defend those charged with any level of a crime. These are the people that really need someone in their corner, fighting for them the whole way. That is just what Attorney Herman does. If you are facing Grand Theft charges, know that there is still hope. Contact Herman Law, P.A. to discuss your legal options today.