Grand Theft

Every criminal attorney at The Mayberry Law Firm has defended on numerous occasions, those accused of stealing property or funds valued at $300 or more. Very simply, grand theft though it varies in degrees, is the taking something from someone else valued at $300 or more or if the subject of the theft is an automobile or something else specifically enumerated by statute. Charges of this nature should be taken seriously and that is exactly what our lawyers do in each and every case we handle. From the moment we meet in our office, our attorneys will begin investigating the allegations against you to ensure every possible defense is recognized. With every case we handle we look at every allegation, every fact, and every defense possibility to determine if your case is fit for trial. We evaluate the circumstances of your case and determine whether it has jury appeal or will be something where a jury could easily alienate our defense, leading to disaster. During this evaluation we will advise on you simple things to do to show good faith to both the State Attorney’s office and the Judge should your case be better fit for mitigation. Based on our experience, good faith efforts can help to avoid a conviction of a felony crime of dishonesty. No “T” will be uncrossed; no “I” will go without a dot after our review. As charges of this nature carry a “double whammy” in that they are both a felony and a crime of dishonesty, like a surgeon we must balance the amount of pressure we apply with the proper amount of judiciousness to ensure that when the dust settles, you are not a convicted felon.

To prove the crime of Grand Theft, the State must prove the following beyond a reasonable doubt:

  1. The Defendant knowingly and unlawfully obtained or used or endeavored to obtain or to use the property or money of another.

  2. The Defendant did so with intent to, either temporarily or permanently,

    1. deprive someone else of their right to the property or any benefit from it.

In addition to proving the above two elements, the State must also prove the value of the amount of property or money alleged to have been stolen. Failure to show a value amount will lead to a not guilty verdict on a grand theft charge but could amount to a conviction on a misdemeanor petty theft lesser-included charge.

MITIGATION TIPS

Like it or not, not every allegation of the like is one suitable for trial. Each lawyer at The Mayberry Law Firm is highly trained to make this determination based on their experience as former State Attorneys and in their practice as defense attorneys. When this is the case we must begin to do the things to mitigate the damage that this charge carries.

  1. Break out the piggy bank. If your case will inevitably end in a plea, restitution will be required. If you begin saving immediately and are consistent, your attorney can relay this information to the State to your benefit. Immediate availability of restitution can be used to negotiate a lesser charge, pretrial diversion, or a withhold of adjudication.
  2. If you legitimately believe a psychological issue affected your ability to reason, seek the counsel of a psychiatrist or psychologist. Psychological issues often affect your ability to make proper decisions. If you are battling psychological ailment, a diagnosis to show the State Attorney won’t hurt.
  3. If your grand theft was out of necessity but isn’t a strong enough assertion to use as an affirmative defense, inform us immediately. Eviction notices, warnings to turn off utilities, or repossession notices may help support this assertion. Though it is not an excuse to break the law, it mitigates the criminal intent element of your charge.

Whether you’re charged with this crime in Tampa or any of the surrounding counties please contact an experienced Tampa criminal attorney as soon as possible. It’s much easier to address the issues that arise with a felony charge at an early stage than to wait until it’s too late. Don’t allow yourself to be convicted of a theft crime. Give us a call at 813-444-7435 or contact us online today.