Grand Theft Lawyer in Daytona Beach

Your Trusted Defense Team in Volusia County

At Buckmaster & Ellzey, we understand the stress and complexity that comes with facing a grand theft charge. Our dedicated team of legal professionals in Daytona Beach is here to guide you through this challenging time with the expertise and personal attention you deserve.

The legal landscape for grand theft in Florida can be intricate, often involving a mix of state statutes and regional enforcement practices. In Volusia County, where Daytona Beach is located, law enforcement agencies are known for their rigorous application of theft laws, reflecting the community's strong stance against property crimes. 

This means having a criminal defense attorney who is intimately familiar with local legal frameworks and practices is essential. Our team is strategically positioned to navigate these complexities, offering you a defense that is not only robust but also finely attuned to the local judicial climate.

Contact a seasoned grand theft attorney in Daytona Beach. We have over 40 years of collective experience. Call (888) 785-6548 or fill out our online contact form to schedule a consultation.

Understanding Grand Theft Laws in Florida

In Florida, the crime of grand theft is defined under Florida Statutes § 812.014. This statute specifies that a person commits the offense of theft if they knowingly obtain or use, or endeavor to obtain or to use, the property of another with the intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property.

Key Elements the Prosecution Must Prove

To secure a grand theft conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:

• Unlawful Taking: The state must prove that you knowingly and unlawfully obtained or used, or endeavored to obtain or use, the property of another. This can be accomplished through various means, including surveillance footage, witness testimony, or physical evidence.
• Intent to Deprive: The state must prove that when you took the property, you intended to permanently or temporarily deprive the owner of it. This element of intent is a crucial component of any grand theft case.
• Value of the Property: The state must prove that the value of the property taken was over the statutory threshold for grand theft, which is typically $750.

The key to a grand theft charge is not just the act of taking property, but the value of the property or the specific nature of the property taken. If the value of the property is less than $750, the charge would typically be petty theft, which is a misdemeanor. 

However, even if the value is less than $750, the offense can still be charged as grand theft if it was a specific type of item, such as a motor vehicle or a firearm. A strong Daytona Beach grand theft lawyer understands these distinctions and can build a defense based on the specific details of your case.

Classifications and Degrees of Grand Theft Offenses in Daytona Beach

In Florida, grand theft is a felony offense, and the classification and penalties are determined by the value of the stolen property and the circumstances of the offense. The higher the value, the more severe the charge. A knowledgeable Daytona Beach grand theft lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

• Grand Theft in the Third Degree (Third-Degree Felony): This is the least severe grand theft charge. It applies when the value of the property is $750 or more but less than $20,000. It also applies to certain items regardless of their value, such as a motor vehicle, a firearm, or a controlled substance. A conviction can result in a prison sentence of up to five years and a fine of up to $5,000.
• Grand Theft in the Second Degree (Second-Degree Felony): This charge applies when the value of the property is $20,000 or more but less than $100,000. It also applies to certain items, such as emergency medical equipment or cargo valued at less than $50,000. A conviction can result in a prison sentence of up to 15 years and a fine of up to $10,000.
• Grand Theft in the First Degree (First-Degree Felony): This is the most severe grand theft charge. It applies when the value of the property is $100,000 or more. It also applies if the theft involves a law enforcement vehicle or causes more than $1,000 in property damage. A conviction can result in a prison sentence of up to 30 years and a fine of up to $10,000.

Penalties of Grand Theft Convictions in Florida

The direct legal penalties for a grand theft conviction in Florida are steep and depend on the degree of the felony. These can include:

• Incarceration: Jail or prison time, ranging from a maximum of five years for a third-degree felony to a maximum of 30 years for a first-degree felony.
• Fines: Fines can be substantial, often reaching into the thousands of dollars.
• Probation: Many convictions result in a period of probation, which requires you to adhere to strict conditions set by the court.
• Restitution: You will likely be ordered to pay restitution to the victim for the value of the stolen property and any other damages incurred.

Collateral Consequences

A felony grand theft conviction creates a permanent criminal record that can profoundly affect your life. This includes difficulty finding employment, as many employers conduct background checks and view theft as a crime of moral turpitude. It can also lead to the loss of professional licenses, making it difficult to pursue a career in fields like finance or healthcare.

The non-criminal impacts of a grand theft conviction also extend to your civil rights. A felony conviction will result in a permanent ban on owning or possessing a firearm. It can also severely impact your housing options, as landlords often run background checks. For non-citizens, a felony can have severe immigration consequences, including deportation.

Our Comprehensive Approach to Grand Theft Defense

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Daytona Beach grand theft lawyer, we will leverage every possible defense, including:

• Lack of Intent: The prosecution must prove that you had the specific intent to permanently or temporarily deprive the owner of their property. We can argue that the incident was a misunderstanding, a simple mistake, or that you had a legitimate claim of right to the property.
• Insufficient Evidence: We will challenge the prosecution's evidence, arguing that it does not prove your guilt beyond a reasonable doubt. For example, if the witness testimony is inconsistent or if the evidence of force or intimidation is weak, we can use this to create reasonable doubt.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

Our Detailed Legal Process

Each grand theft case is unique, requiring a custom legal approach. At Buckmaster & Ellzey, we recognize the unique aspects of your case and adjust our methods accordingly. From the outset, we prioritize transparency, keeping you informed at each step. 

This begins with an:

• Initial Consultation: We start with a thorough assessment of your case, understanding all the details to craft a robust defense.
• Investigation: Our team examines all evidence, interviews witnesses, and consults with experts to build a strong defense.
• Customized Strategy: Using the insights gathered, we develop a strategy specifically suited to challenge the charges against you.
• Defense Execution: We represent you vigorously in negotiations and, if necessary, in court to achieve the best possible outcome.

Why Choose Buckmaster & Ellzey?

• Insider Knowledge: Our founder's experience as a former Assistant State Attorney provides a strategic advantage in understanding prosecution tactics.
• Personalized Approach: We tailor our defense strategies to each client, ensuring specific needs and circumstances are at the forefront of our approach.
• Proven Track Record: Our commitment to achieving favorable outcomes is evidenced by our history of successful case resolutions.

Contact Us for Reliable Legal Help

Facing a grand theft charge can be overwhelming, but you don't have to navigate it alone. At Buckmaster & Ellzey, we're committed to providing clear guidance and strong defense to secure your future. 

Contact us online or call at (888) 785-6548 for a consultation—let's start building your defense today.

Frequently Asked Questions About Grand Theft Charges in Daytona Beach

Can a grand theft charge be reduced or dismissed?

Yes. Charges may be reduced or dropped based on evidence issues, lack of intent, procedural errors, or mitigating circumstances. Our firm aggressively investigates every angle to create room for negotiation or dismissal.

What makes Buckmaster & Ellzey different?

Our local focus, deep courtroom experience, and client-first approach set us apart. We stay updated on legal changes and work with industry experts to bring you cutting-edge representation. You’re never just a case file — you’re a partner in the process.

What if I didn’t know the item was stolen?

Lack of knowledge or intent can be a valid legal defense. If you were unaware the property was stolen or mistakenly took it, we may be able to argue for reduced or dismissed charges.

Can I avoid jail time for a grand theft charge?

Possibly. First-time offenders or low-value cases may qualify for diversion programs, probation, or plea deals. We work to secure alternatives that avoid incarceration whenever feasible.

Will a grand theft conviction stay on my record?

Yes, and it can have lasting effects on employment, housing, and more. However, depending on the outcome, we may later pursue record sealing or expungement if you qualify.

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