How can I defend a charge of Grand Theft under Florida Law?
Other than alleging that you have been falsely accused, there are three primary defenses to the crime of Theft.
Florida Good Faith Possession Defense
Under Florida law, conviction for the crime of theft requires proof of that property was taken with the intent to steal. So a person who has taken possession of an item with a good faith belief in their right to the property does not fulfil the requisite intent to commit theft. This means that a well-founded belief in your right to property allegedly stolen constitutes a complete defense to the crime of theft. The experienced Miami theft attorneys at the Law Office of Pelayo Duran can assist you in mounting a good faith possession defense in the Florida courts.
Florida Equal Ownership Defense
Under Florida law, a co-owner of property cannot be held guilty of larceny of that property unless the other co-owner has a superior legal interest that gives them authority to withhold the property. When you need help to mount an equal ownership defense to a grand theft charge in the State of Florida, you should contact the Law Office of Pelayo Duran to arrange a free legal consultation with an experienced criminal defense attorney.
Florida Valueless Property Defense
It is simply not possible to steal trash in the State of Florida. This is because Florida law only criminalizes the stealing of "property" and property is defined as "anything of value". Under the law, value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." If someone has placed something by the road, it has become trash that presumably has no value. If you have been accused of stealing an item that is of no monetary value, the criminal defense attorneys at the Miami Law Office of Pelayo Duran can assist you in mounting a valueless property defense.
Miami Criminal Defense Attorneys
If you have been arrested or charged with grand theft in Florida, contact the Law Office of Pelayo Duran to arrange a free legal consulation. Our experienced criminal defense attorneys will assess the facts of your case and advise you on the proper course of action to suit your situation.
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