In Florida, theft of any motor vehicle is considered a felony offense, commonly referred to as “grand theft auto.” Local law enforcement agencies often have specialized units dedicated to investigating these crimes. The severity of the offense is determined by factors such as the value of the vehicle, but it can also result in potential carjacking charges if force, violence, assault, or fear are involved. Even those who take vehicles for joyriding can face grand theft auto charges, regardless of whether they return the vehicle or its condition upon return.

If you have been arrested for alleged grand theft of a motor vehicle in South Florida, it is important to exercise your right to remain silent until you have legal representation. Attorney Hernan Luna of LunaLaw is experienced in defending clients facing these charges in Miami. He will work diligently to get your criminal charges reduced or dismissed.

If you want to minimize the negative consequences of being charged with grand theft auto, having the LunaLaw on your side can make all the difference. LunaLaw will utilize various defense strategies in order to prove your innocence and may help get charges dropped against you.

One possible defense may be lack of intent, which means you didn’t intend to steal the vehicle. For instance, if you borrowed one from someone and they file false charges against you subsequently, this might provide a strong argument in your favor.

Another potential defense may include believing you had permission to operate the motor vehicle, although this likely won’t hold up in court if someone lends or sold you one from stolen property without telling you about it beforehand.

If the stolen property falls into any of these categories, an alleged offender could face second-degree grand theft charges:

• Valued at $20k-100k but under $100,000
• Cargo valued between $20K-100K that has entered interstate or intrastate commerce from its origination at the shipper to destination receiving dock is considered subcommodities.
  Emergency medical equipment of $300 or greater in value taken from a licensed facility under Chapter 395 or from an aircraft or vehicle licensed under Chapter 401 is considered theft of services and shall be treated accordingly.
• As per Florida Statute SS 316.003, any equipment valued at $300 or more that has been taken from an emergency vehicle and used illegally constitutes law enforcement equipment that can be confiscated under Florida Statute SS 316.003.

Grand theft auto is considered a first-degree felony offense if:

• Property of value of $100,000 or greater was stolen, such as a semitrailer used by law enforcement officials for official business.
• The stolen property consists of cargo valued at at least $50,000 that entered interstate or intrastate commerce from its loading platform to its receiving dock.
• The alleged offender used a motor vehicle as an instrumentality of grand theft and caused damages exceeding $1,000 to real or personal property owned by others, or damaged real or personal property valued over $1,000 in order to commit this grand theft offense.
• Under Florida Statute SS 812.133, an alleged offender commits the first-degree felony offense of carjacking by using force, violence, assault or fear to take control of another’s motor vehicle from their person or custody and using it either permanently or temporarily deprive them of it. A conviction could result in life imprisonment.

Don’t Face the Fight Alone for DUI or DWI Charges

Whether you’re facing a first offense, third offense, or any type of DUI and DWI charges, it’s a good idea to get a lawyer. Don’t let a DUI or DWI ruin your life. Trust the experience and expertise of LunaLaw PLLC to fight for your rights and defend your case. Contact us today to schedule a consultation and take the first step towards a positive outcome.