Grand Larceny Florida!
The charge of Grand larceny Florida is described as the taking of another’s property with the aim of depriving them of that property permanently. The term property can be used to describe actual physical property and is often done using some form of trickery, but not within the legal definition of fraud. It is a grey area that is often confused with theft; meaning that people may think that they are two separate and distinct terms; and when actually they are interchangeable, depending on the circumstances involved. The only defining difference is that this form of theft is without any violence; and may or may not commit with the victim’s full knowledge of it occurring.
Larceny vs. Theft
The main difference, if one truly exists, between larceny vs. theft is that theft is the action to deprive the victim of cash, not property. If the thief gains property in the commission of a theft, like a wallet or watch, it is not necessarily larceny; because the sole purpose of theft is to gain a monetary profit from the act. When someone is accused of larceny, it is more often because they are accused of transferring ownership of a valued property without the true owner’s permission, or knowledge.
Crafting Defenses Against the Charge
Defending against this type of criminal charge is tricky but it is impossible. The first step is to determine what type of crime has been committed. Grand larceny Florida is based on the estimated value of the property in question and is usually applied depending upon restrictions within the Florida state the crime was committed in. Stealing a car and profiting from it will often carry multiple charges; one of which would be grand larceny Florida because of its resale value. Acting as an estate agent to pocket the proceeds from an auction could also result in the same charge, if the money pocketed reaches an acceptable level for that charge. Petite larceny or petty larceny, on the other hand it is usually for charges amounting in a monetary gain far less than the Florida state’s requirements, in general for amounts far less, the minimum in Florida.
Examples of grand larceny include stealing a car and then selling it to someone else; and as if they were the legal owner of it. Or, larceny by trick, where owner give up the property willingly; because they believed they were doing so under reasonable circumstances; like when someone poses as an authority figure and Florida state that said property is evidence in an investigation. Larceny by false promise, for example, occurs when the owner gives the property to the thief in exchange for services, but the thief did not give the the services.
What to do after Crafting Defenses Against the Charge
After determining the monetary value of the property involved, the next step in crafting a defense against the charge would be to see if proof exists that the property actually belonged to the victim in the first place. Unless the crime involved a registered item such as a car, it can be tricky to prove ownership. Without ownership established, there may not be a crime; unless they can prove that depriving the victim of that property would result in permanent harm by its loss. If not, the larceny charge can downgrade to a misdemeanor or drop altogether.
Want to know more about grand larceny Florida and how to defend against it? The Smith & Eulo has been a successful criminal defense firm for years. We have the experience to protect you the best way and will have the advice you need. Talk to us! We can help! Call Now! 407-930-8912