Ft. Lauderdale Auto Theft Lawyer

Auto theft is the intentional taking or depriving of another’s ownership or interest in an automobile. In Florida, vehicle theft may be charged under Fla. Stat. § 812.014, and the degree of offense depends on the facts and value involved; a third-degree felony is punishable by up to five years under Fla. Stat. § 775.082(3)(e). Considering the fact that this charge may carry serious consequences, it is recommended to get in touch with our seasoned theft attorneys from Leifert & Leifert. For help with building a defense, contact a Ft. Lauderdale auto theft lawyer today.

Larceny and Auto Theft Charges

As mentioned above, all auto theft crimes are considered Felonies. When it comes to theft offenses, the amount of money taken or the value of the property is taken into consideration when determining the level of offense. Florida theft grading depends on the value and circumstances under Fla. Stat. § 812.014, with misdemeanor and felony levels determined by the statute’s current thresholds. As the amounts increase, the degree of Felony increases. Auto theft crimes are considered Felonies because vehicles are typically considered to be worth more than $300. For more information about auto theft charges, reach out to a knowledgeable Ft Lauderdale lawyer at Leifert & Leifert.

Varying Degrees of Theft Charges

Florida Stat. § 812.014 defines theft and grades offenses based on the value and circumstances of the property involved. Third degree-grand theft is punishable by up to five years in prison or five years of probation, and a $5,000 fine.

Second-degree grand theft may be charged when the value of the property is at least $20,000 and less than $100,000. Theft of cargo, medical equipment, and law enforcement equipment may be charged if the circumstances meet the criteria identified in the statutes. The penalties for second-degree theft are up to 15 years in Prison or 15 years of probation, and $10,000 in fines.

When the value of the property stolen is more than $100,000, Felony grand theft in the first degree may be charged. Florida Stat. § 812.014(2)(a) includes several circumstances that can constitute first-degree grand theft, including certain high-value property and specified items or conduct. The penalties for first-degree theft are up to 30 years in prison and a maximum fine of $10,000. The penalties are harsh which is why defendants should reach out to a dedicated auto theft attorney in Ft. Lauderdale.

Circumstances for Second-Time Offenders

Some second-time offenders might not be eligible for diversion programs that would result in the charges being dismissed. Second-time offenders may not be eligible for a withholding of adjudication, which is a means of resolving a Felony case by avoiding a conviction on an individual’s record.

For a secondary or subsequent offense, a first offense could leave points on an individual’s record (on their sentencing guidelines scoresheet) and that would enhance the penalty on a second or subsequent offense. Second-time offenders should absolutely get in touch with a Ft. Lauderdale lawyer if they have been charged with auto theft again.

Strategies Used for Building a Defense

Consent is one of the most commonly used defense strategies when it comes to auto theft charges. For example, an individual may report their vehicle stolen when they may have actually given someone permission to use the vehicle. The attorney could also try to establish facts and circumstances surrounding the defendant having possession of the motor vehicle. In an attempt to do so, the attorney may try to gather evidence that may prove to be beneficial to the Defendant’s case.

What Does the Prosecutor Need to Prove in Auto Theft Cases?

A prosecutor must prove the defendant knowingly obtained or used the vehicle, or endeavored to do so, with intent to deprive the owner of a right or benefit or to appropriate the property under Fla. Stat. § 812.014(1). This should be proven to the exclusion of reasonable doubt. Failure to do so could be favorable for the Defendant and their auto defense attorney. It is important to contact a lawyer for help with building a Ft Lauderdale auto theft defense in an effort to deter the prosecution from proving an auto theft occurred.

Initial Steps an Attorney Takes When Building a Defense

An auto theft lawyer in Ft. Lauderdale may interview the Defendant as early as possible to obtain crucial details of the case. The lawyer may then review police reports establishing whether police procedures were filed properly and within constitutional safeguards. They would also identify any diversion programs available that could result in the dismissal of an auto theft charge. The lawyer then considers taking depositions of the witnesses involved in the case to file pretrial motions to suppress or exclude evidence from the prosecution.

Hire a Ft. Lauderdale Auto Theft Attorney

Any allegation of criminal activity should not be taken lightly, especially when it involves a Felony accusation. When someone is a convicted felon, they lose certain rights as a result of their conviction. An individual’s employment prospects are significantly diminished with a Felony conviction and any type of Felony disposition on their record.

Hiring a Ft. Lauderdale auto theft lawyer to prepare a defense against these allegations could result in the dismissal of the charges, a reduction of charges, or no charges on an individual’s record. Call Leifert & Leifert today so we could begin working on your defense.