Can a Grand Theft Charge Be Dismissed in Fort Pierce?

Were you arrested and charged with a theft offense in Fort Pierce or elsewhere in St. Lucie County? If you are facing a grand theft charge, it is imperative that you understand that you are facing a felony criminal offense. These are serious cases. You may be wondering: Is it possible to get a grand theft charge dismissed? The answer is “yes”—any charge can be dismissed by the prosecution, but you need to build a proactive defense strategy. Here, our Fort Pierce grand theft defense lawyer explains why these charges can be dismissed in Florida.

Know the Law: Grand Theft in Florida

Under Florida law (Florida Statutes § 812.014), grand theft is a felony criminal offense. It occurs when someone unlawfully takes money, property, or assets valued at $750 or more (2024). If the value of the stolen property is under $20,000, the crime is classified as a third-degree felony. A conviction for third-degree grand theft can lead to severe consequences, including up to five years in prison. Grand theft in excess of $20,000 can be charged as an even more serious second-degree felony crime in Florida.

Notably, this is an aggregate offense in Florida. The value of stolen items can be combined to meet the $750 threshold if two incidents are similar and occur close in time. For example, if a person shoplifts $300 worth of items from a store on Monday and comes back to that same store two days later and steals $500 more in merchandise, he or she could actually be charged with grand theft because those two incidents can be combined into one offense under Florida law.

When Can a Grand Theft Charge Be Dismissed

Facing a grand theft charge in St. Lucie can be overwhelming. At the same time, it is important to know that dismissal of charges is possible in certain cases. Not all cases go to court or end with a plea agreement. Whether charges can be dropped in your case depends on the specific circumstances—including the strength of the prosecution’s evidence and your ability to raise a strong defense during the pre-trial stage of the process. Here are some of the most common reasons why a grand theft charge may be dismissed:

• Lack of Evidence: If the prosecution cannot present sufficient evidence to prove every element of grand theft beyond a reasonable doubt, the charges may be dropped. Indeed, the prosecution needs to prove sufficient preliminary evidence to move forward with the case.
• Mistaken Identity: If you were wrongly identified as the perpetrator and there is credible evidence to prove this, the charges can be dismissed.
• No Intent: Intent is crucial in theft cases. If you had no intention of permanently depriving the owner of the property, the prosecution’s case may fail.
• Illegal Search or Seizure: If evidence against you was obtained in violation of your Fourth Amendment rights—such as through an unlawful search—that evidence may be inadmissible. Without the evidence, the prosecution may not be able to proceed.
• Insufficient Aggregate Value: For grand theft, the value of the stolen property must meet or exceed $750. If the prosecution cannot establish this threshold, the charge could be dismissed—or at least reduced to misdemeanor petit theft.

Criminal Defense Tip: Want to increase your chances of getting a grand theft case dismissed? The best thing you can do is to hire a criminal defense lawyer as early as possible in the process.

Denise Miller is a Top St. Lucie County Grand Theft Defense Lawyer

Are you facing a grand theft charge in St. Lucie County? You have the right to raise a zealous defense. A grand theft charge is an allegation. Any person arrested and charged with grand theft is presumed innocent until proven guilty in a court of law. Denise Miller is a Fort Pierce criminal defense lawyer with extensive experience handling grand theft charges. These are serious cases—grand theft is a felony offense in Florida. Attorney Miller will review the charges, investigate your case, and take action to help you get the best outcome—including fighting to get the grand theft case dismissed.

Contact Our Fort Pierce Grand Theft Defense Attorney Today

At The Law Office of Denise Miller, PA, our Fort Pierce criminal defense lawyer has the skills and experience to take on all types of theft charges. If you or your loved one is facing an allegation of grand theft, we can help. Call us now or contact us online to arrange your confidential consultation. We defend grand theft charges in Fort Pierce, St. Lucie County, and throughout South Florida.