Miami Grand Theft Auto Defense Attorneys

Helping You Fight to Protect Your Rights

Grand theft auto is a serious property crime, one that is punished harshly under Florida’s criminal justice system. If you or your loved one has been arrested for or charged with grand theft auto in Miami-Dade County or any of the surrounding areas, it is important that you speak to a skilled and experienced attorney as soon as possible. At Hubbs Law Firm, we defend individuals accused of all types of state crimes, including grand theft auto. We can help you understand your options and work to protect your future.

Contact our firm online or call (305) 570-4802 for a free, confidential consultation today. Se habla español. 

Understanding the Legal Definition of “Grand Theft Auto”

Nowadays, when people think of grand theft, they think of the video game—Grand Theft Auto—instead of the actual felony theft statute that could cost a person years of their life in prison. Moreover, when people think of the term motor vehicle, they think of only cars. Florida Statute § 316.003(40) defines "motor vehicle" as a "self-propelled vehicle, not operated upon rails or guide ways, but not including any bicycle, motorized scooter, electronic personal assistive, mobility device, swamp buggy, or moped."

Given the definition, it is important to remember that not only cars but also boats and motorcycles count among the definition of "motor vehicle."

Elements of Grand Theft Auto

Motor vehicle theft, otherwise known as grand theft, is charged as a third-degree felony under the Florida Theft Statute § 812.014.

In order for the State to find a defendant guilty of grand theft of an automobile, the prosecution must prove, beyond a reasonable doubt, the following:

• The defendant knowingly and unlawfully used or obtained or tried to use or obtain the victim's motor vehicle; and
• The defendant did so with the intent to permanently or temporarily do one of the following:
  • Deprive the victim of his or her right to the motor vehicle, or
  • Appropriate the motor vehicle to his or hers own use or to a person's use who was not entitled to it.

Grand theft of a motor vehicle is charged as a third-degree felony under Florida law, punishable by up to five years in prison and up to $5,000 fines.

Carjacking Under § 812.155

In Miami, carjacking is defined as taking a motor vehicle through the use of force, violence, fear, or assault, with the intent to permanently or temporarily deprive the owner of the vehicle.

Under §812.155(2) a defendant may be subject to harsher penalties if he or she carried a firearm or deadly weapon in the course of committing the carjacking.

Carjacking in Florida is a first-degree felony, regardless of whether the defendant carried a weapon or not. When a firearm or weapon is used in committing a carjacking, then the punishment is a term of years not to exceed life in prison. When no weapon is used, then the punishment is a first-degree felony punishable by up to 30 years in prison.

Failure to Return a Leased Motor Vehicle

Florida law states that whoever after leasing property under an agreement to return it to the person or entity letting the personal property, at the termination of agreed upon lease and without the consent of the persons, knowingly abandons or refuses to return the personal property as agreed commits a third-degree felony.