Grand Theft Auto vs. Carjacking in Florida

If you face charges after stealing someone’s vehicle in Florida, you could potentially face two different charges: Grand theft or carjacking. Both are serious offenses, but they involve different elements. You might have heard the term “grand theft auto” in reference to vehicle theft. Which charge is more serious? How do you know which charge you’ll face? You can ask these questions during a consultation with a Fort Myers theft defense attorney.

There Is No Such Thing as “Grand Theft Auto” in Florida

While some states use the specific term “grand theft auto,” Florida does not. Instead, the Sunshine State simply uses the term “grand theft” when referring to stealing motor vehicles. Under Florida law, courts are mainly concerned with the value of stolen property, not the type of property in question. As long as you take someone else’s property with certain intentions, you’ll face theft charges. This is true whether the property in question is a dishwasher, a smartphone, or a vehicle.

That said, most motor vehicles are worth a considerable amount of money. Even a “beater” on its last legs is probably worth thousands of dollars in parts alone. Stealing a motor vehicle is automatically grand theft of the third degree, regardless of its cash value. This means that if you are convicted of stealing someone else’s car, you will always face up to five years in prison, five years of probation, and a $5,000 fine.

If the vehicle in question is worth more than $20,000, you face second-degree grand theft charges. This applies to most vehicles on the road today, as even second-hand vehicles often have trade-in values exceeding $20,000. A new vehicle will almost always be worth more than $20,000. A second-degree felony in Florida can lead to up to 15 years in prison, 15 years of probation, and a $10,000 fine.

Carjacking Charges Only Apply if There Was Someone Inside the Vehicle When You Stole It

Generally speaking, carjacking charges only apply in Florida if someone was inside the vehicle when you stole it. In order to take the vehicle into your control, you ostensibly would have had to use force to “get rid” of this person. However, you could still face carjacking charges if the alleged victim never leaves. For example, a defendant might face carjacking charges if they get into a vehicle and force the driver to continue driving at gunpoint. Carjacking is a much more serious offense compared to grand theft, resulting in up to 30 years in prison.

Can a Fort Myers Defense Attorney Help Me?

If you face grand theft charges in Fort Myers, consider speaking with an experienced criminal defense attorney. These legal professionals can guide you toward an appropriate defense strategy. After you determine whether your alleged crime constitutes carjacking or grand theft, you can plan your defense in a more effective manner. Contact The Foley & Wilson Law Firm today to learn more about the next potential steps.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.133.html