If you are accused of Grand Theft, we can help you. Call 407-883-6853 to set up a free consultation with Osceola County grand theft Attorneys Heiko Moenckmeier and Kevin J. Pitts. We are former prosecutors and assistant public defenders and we have the Experience to defend you and Fight against these charges. We can defend you. Don’t wait, call today- 407.504.1384 or 407.883.6853 to speak DIRECTLY to an attorney who will give you a free initial consultation.
Are there Defenses? Yes.
Yes, there are many defenses available that may or may not apply to your case. We will evaluate your Osceola County grand theft case for you and look for weaknesses in the State’s case against you. Every case is different but there are always some defenses. Theft accusations can be complicated. The State Attorney's office must prove that the defendant knowingly and illegally obtained or tried to obtain the property of the alleged victim. It must also be proven that the defendant did so with the intent to permanently or temporarily deprive the victim of his or her right to the property or to benefit from it by appropriating the property. Defense for grand theft in Osceola County include abandonment, that the accused owned or had an equal or greater ownership interest than the alleged victim, the property was valueless or was not sufficient to support the charge and good faith possession when the accused believes they have the rights to the property or the accused did not have the intent to steal when they took possession.
Some other things we look for: if the officers stopped, seized, interrogated, searched, or arrested you ILLEGALLY. This is more common than you think and super important, obviously. Fourth Amendment Issues that involve cars, driving, homes, apartments, helicopters, submarines, and boats. I know that sounds crazy, but the illegal stop case law applies to different degrees everywhere. If your Fourth Amendment Rights were violated, we may be able to get your case dismissed completely!
Fifth Amendment Issues- if your Miranda Rights were not read, were not read properly, were insufficient, and whether or not you knowingly, voluntarily, and freely waived, or if police coercion was involved AND YOU SAID SOMETHING THAT HURTS YOUR CASE (Inculpatory). There may be grounds to get your confession thrown out and possibly get your case dismissed.
Even if we are not able to get the Kissimmee grand theft case dismissed, aggressive motion practice and the ability to understand the issues and be prepared for trial may ultimately lead to the dismissal of the case by the Judge or the State, or by the Jury, after trial. Let us help you. Call today- 407.504.1384 or 407.883.6853 to speak DIRECTLY to an attorney who will give you a free initial consultation.
Exploration of different theft charges
Grand theft charges in Osceola County range from the less serious third degree felony grand theft to the much more serious crime of a first degree felony grand theft. What grand theft charges an individual is charged with depends on the overall value of the property they stole. However, even if the property stolen is not worth much money, if it is unique in nature it may qualify as a grand theft charge.
Osceola County grand theft in the first degree- If an individual steals property that has accumulated value of $100,000 or more then they will be endure a grand theft charge in the first degree. In Kissimmee the maximum penalties for first degree grand theft charges is 30 years in a state prison and fines up to $10,000.
Osceola County grand theft in the second degree- If an individual steals property with the value between $20,000-$100,000 it falls under the category of a grand theft charge in the second degree. In Orlando grand theft in the second degree has a maximum punishment of 15 years in state prison and fines up to $10,000.
Osceola County grand Theft in the Third Degree- If an individual steals property between $300-$20,000 it will be classified as a grand theft charge in the third degree. In Kissimmee it comes with a maximum penalty of up to 5 years in a state prison along with a $5000 fine. A grand theft charge in the third degree can still be charged if property value stolen is less than $300 but the particular item was a gun, firearm, stop-sign, or other statutorily defined items.
A Kissimmee theft conviction can also result in the suspension of your driver's license, can be used against you if you testify in court in the future, can make obtaining employment difficult and is an enhanceable offense.
Call Osceola County grand theft attorneys Heiko Moenckmeier and Kevin J. Pitts today at 407-883-6853 to set up a free consultation. We also handle Orlando Grand theft cases if you are arrested in Orange County.