Miami Grand Theft Lawyer

Miami Grand Theft Attorney

Being charged with any crime can be a terrifying experience. You may feel overwhelmed with the seriousness of the charges, the penalties that may come with a guilty verdict, and the process of finding an attorney. Grand theft allegations can carry consequences that are far-reaching. As a Miami grand theft lawyer, Barry M. Wax is prepared to stand by your side, offering prudent counsel and experienced advocacy.

About Barry M. Wax, Attorney at Law: Accomplished Miami Grand Theft Defense Attorney

Barry M. Wax has been working with the people of Florida since 1985, providing advocacy and defense for clients across a broad spectrum of charges. With extensive experience in the state and federal court systems, he is an active member of the legal community who regularly advocates for defendants and works to educate the public about their rights. Contact Law Offices of Barry M. Wax, today to learn more about how we can defend you and your freedom.

What Is Grand Theft in Miami, Florida?

Grand theft laws are articulated in Miami, which defines theft as the illegal taking of property with the clear intent to deprive a person of it unlawfully. In the state of Florida, this offense counts as grand theft if the property taken is at or above the value of $750.

This can include the act of physically removing an item, concealing or transferring property, or using someone else’s property without their permission.

In Florida, grand theft may be considered a felony. The penalties for being found guilty of this crime depend on the circumstances of the alleged incident, which affect how the charge is classified. Typically, the degrees of grand theft are considered:

• Third degree: This charge is usually assigned to thefts between $750 and $19,999. If found guilty, there is the possibility of up to five years in prison, as well as additional fines and stipulations.
• Second degree: This typically applies to thefts that range between $20,000 and $99,999 of stolen property. Prison time for a guilty verdict can be up to fifteen years, in addition to additional fines and conditions.
• First degree: This is reserved for thefts of property that amount to $100,000 or more. A guilty verdict, in addition to fines and other requirements, can carry up to 30 years in prison.

What the Prosecution Must Prove to Secure a Conviction in Grand Theft Cases

Grand theft is known as a crime of “specific intent.” This means it must be proven that the accused had a clear intention of theft, and this led to their explicitly unlawful actions. The prosecution must show a clear connection between the “mental element” of the crime (mens rea) and the physical act of the crime itself (actus reus).

These two categories are further divided into “unconditional” and “conditional” intent. Unconditional intent is when a person has made a clear and firm decision to commit the act of theft. Conditional intent, however, refers to a situation where the intent to steal is not clear or firm, and the act is, therefore, highly dependent on context.

These distinctions matter when it comes to the prosecution of grand theft charges. In 2011, for example, charges against a Miami public official, Michelle Spence-Jones, were dismissed due to the prosecution failing to establish a lack of intent on their part.

In addition to these conditions, the valuation of property must be proven to qualify for charges of grand theft. Without this evidence, the charge cannot stand. In determining the value of the stolen property, the prosecution will likely consider several things, including the market value, original purchase price, and retail or speculative cost of the property.

Common Defense Strategies for Grand Theft Charges in Miami, FL

While grand theft charges may be intimidating, it should be remembered that it is not an uncommon allegation. In 2023, there were over 10,000 instances of theft in Miami. The charge of grand theft requires a high burden of proof on the part of the prosecution, but there are several ways to build a strong defense. Some often-employed strategies include defenses that argue:

• Lack of intent: Establishing intent is crucial in a grand theft charge. If it can be shown that the accused lacked the intention of theft, this can greatly strengthen a defense.
• Taking or using the property for lawful purposes: It can be argued that the defendant had a legal right to take or use the property in question, or that their assumption as such was reasonable.
• Consent: Showing that the accused had the consent of the complainant to use the property can effectively undermine the prosecution’s case. This situation is not uncommon in the realm of misunderstandings and commonplace confusion.
• Mistake of fact: Confusion over consent could also be argued as a mistake of fact. When a mistaken assumption of consent is shown to be reasonable, the criminal intent is undermined in the eyes of the law.

While the above strategies and others may prove effective in building a defense, there are a few things to avoid as well. When facing allegations of grand theft, it’s important that you do not comment about the event or post about it online. Likewise, showing remorse only after accusations have been levelled or after you learn of the attending penalties can look suspect to litigators and juries.

Regardless of the defensive strategies taken, it is critical to hire a criminal defense lawyer in Miami with significant litigation experience. Effective counsel should understand the specifics of your case and the complexities of litigation.

Why Choose Barry M. Wax, Attorney at Law, for Your Grand Theft Case?

With over 30 years of litigation experience serving the people of Florida, Barry M. Wax has stood by clients facing both state and federal charges. As a Miami grand theft attorney, he has broad experience defending clients, providing vigorous advocacy in defense of their rights.

Barry M. Wax understands that communication with his clients is critical, and he is prepared to offer compassionate counsel on how to approach grand theft charges. Whether you are facing first or third-degree felony charges, he is prepared to use his extensive experience to stand with you and provide the advocacy you deserve. Choosing Barry M. Wax may be the difference between a successful defense and the most severe penalties possible.

FAQs About Miami, FL Grand Theft Law

How Much Money Is Considered Grand Theft in Florida?

In Florida, the valuation of $750 of stolen property is the lower limit for grand theft charges. Often charged as a felony, the higher the value of the property allegedly stolen, the more severe the charge. Each carries different penalties, with third-degree charges carrying the possibility of five years in prison, while first-degree convictions may result in a sentence of thirty years.

What Needs to Be Proven in Grand Theft Cases?

Due to its designation as a “special intent” crime, there are several things that need to be proven in grand theft cases. Prosecuting attorneys need to demonstrate that the accused had a clear intention of theft, and this intention led to a conscious act of theft. In addition, the valuation of the property must be shown to be at or above the limit of $750.

How Do I Beat Grand Theft Charges?

While there is no one way to “beat” grand theft charges, there are several defense strategies that may prove effective. One of the most common is to challenge the alleged intent put forth by the plaintiff. If it can be shown that the accused lacked the intention to steal the property, either through a reasonable belief that they shared the property, owned the property themselves, or had the consent of the plaintiff, this can prove an effective defense.

What Qualities Should a Grand Theft Lawyer Have?

A grand theft lawyer should have several qualities to be able to assist their clients effectively. It is critical that they possess experience within the field of criminal litigation. They should have a proven track record of defending clients in grand theft cases and be able to communicate positive options for defense strategies. They should be familiar with Florida and Miami grand theft laws and use this knowledge to provide a robust defense to the accused.

Contact Barry M. Wax, Attorney at Law, Today – Hire a Grand Theft Lawyer

Facing grand theft charges can upend your life. However, with the proper counsel and a vigorous defense, the possibility of a positive outcome increases dramatically. One study found that over a five-year period, instances of convictions with jail time for non-violent felonies fell by around 8%.

Whether you are facing a lesser felony charge or a third-degree grand theft accusation, Barry M. Wax, Attorney at Law, is prepared to offer a consultation and guide you toward a strong defense. We can fight your charges and seek reduced penalties to protect your freedom, reputation, and well-being. There is no reason to face litigation alone. Contact us today for a free consultation and learn how we can help you defend your rights.