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Theft from a Motor Vehicle

In the big cities, theft from a motor vehicle is a common occurrence. Multiple stories have come to light in recent years about groups of organized criminals that break into cars in major metropolitan areas, and the state has recently begun to pass bills targeting what it describes as a pattern of theft across the state. Unfortunately, this means that those charged with petty theft can be targeted for much stronger penalties than they would normally face, making felons out of small-time convicts.

Generally, theft refers to the unlawful taking of items from a vehicle with the intent to deprive the owner of their property. The law does not make a distinction between theft from a vehicle and general theft.

Brooksville Lawyer for Theft from a Motor Vehicle

If you believe that you could be under investigation or you were arrested for an alleged DUI offense causing property damage in Central Florida, it is in your best interest to immediately retain legal counsel. The Law Office of Ashley Aulls, P.A. defends clients all over the greater Hernando County area, including Inverness, Wildwood, New Port Richey, Spring Hill, Brooksville, Weeki Wachee, and several other nearby communities.

Brooksville criminal defense attorney Ashley Aulls can fight to help you achieve the most favorable outcome resulting in the fewest possible consequences. Call (352) 593-4115 or fill out an online contact form to have our lawyer review your case and answer your legal questions during a confidential consultation.

Theft of From a Motor Vehicle Defined
Categories of Theft and Penalties
Enhanced Penalties for Specific Items
Civil and Administrative Consequences
Defenses to Theft from a Motor Vehicle
Hire a Lawyer for Theft from a Motor Vehicle in Hernando County, FL

Theft of From a Motor Vehicle Defined

The primary law governing theft offenses in Florida is Section 812.014 of the Florida Statutes. Theft is defined as:

“Knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to the use of any person not entitled to it.”

When theft involves property taken from a motor vehicle, it falls under the general theft statute unless specific aggravating circumstances elevate the crime. For instance, stealing certain items like firearms or emergency medical equipment from a vehicle can lead to enhanced penalties under Section 812.014(2).

Categories of Theft and Penalties

The penalties for theft from a motor vehicle in Florida vary depending on the value and type of the stolen property:

Petit Theft

Value of Property: Less than $750.
Penalty:
- Second-Degree Misdemeanor (Property value under $100): Punishable by up to 60 days in jail and a fine of up to $500.
- First-Degree Misdemeanor (Property value $100-$749): Punishable by up to 1 year in jail and a fine of up to $1,000.
Additional Consequences: If the offender has a prior conviction for theft, penalties may be enhanced.

Grand Theft

Third-Degree Felony:
- Value of Property: $750 or more, or certain items regardless of value (e.g., firearms, controlled substances, or emergency medical equipment).
- Penalty: Punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
Second-Degree Felony:
- Circumstances: Theft involves property valued between $20,000 and $100,000, or theft causes damage to the motor vehicle during the offense.
- Penalty: Punishable by up to 15 years in prison and a fine of up to $10,000.
First-Degree Felony:
- Circumstances: Theft involves property valued over $100,000 or other aggravating factors such as the use of explosives to gain access to the vehicle.
- Penalty: Punishable by up to 30 years in prison and a fine of up to $10,000.

Enhanced Penalties for Specific Items

Certain items stolen from a motor vehicle can result in enhanced penalties, even if their monetary value is low. These include:

Firearms: Theft of a firearm from a vehicle is a third-degree felony, punishable by up to 5 years in prison, regardless of its value.
Emergency Medical Equipment: Defined as equipment used for emergency response, theft of such equipment from a vehicle is a third-degree felony.
Law Enforcement Equipment: Theft of police or emergency service property is subject to stricter penalties.

Civil and Administrative Consequences

In addition to criminal penalties, theft from a motor vehicle may result in:

Restitution: Courts may order the offender to pay restitution to the victim for the value of the stolen property and any damages to the vehicle.
Driver’s License Suspension: Under certain circumstances, Florida law allows for the suspension of the offender’s driver’s license upon conviction for theft offenses.
Civil Liability: The victim may file a civil lawsuit against the offender to recover additional damages.

Defenses to Theft from a Motor Vehicle

There are few unique defenses to defending against theft crimes from motor vehicles other than the usual theft defenses, such as refuting one’s intent to steal and physical ability to steal (providing an alibi).

However, there may be some rare exceptions to the rule – for example, taking medical equipment from an ambulance may be forgiven if the theft would result in the immediate saving of a person’s life. However, the circumstances that would qualify stealing from a person’s vehicle are exceptional, and it is generally not recommended to do so.

Additional Resources

Vehicle Theft on the Rise – This article discusses the recent crime wave across Florida, including in Hernando County and Brookesville. Many news outlets have raised the flag regarding organized criminal activity.

Hernando County Guide to Vehicle Burglary – The Hernando Count Sheriff’s Department provides an overview of best practices to prevent vehicle burglaries. The county also provides list of steps to take if your car has been broken into.