Florida Auto Theft Laws

Florida has unique auto theft laws. Regardless of the value of the vehicle involved, the law considers the crime as grand theft or, at a minimum, a third-degree felony. If you are facing auto theft charges in Florida, it is crucial to consult with a skilled criminal defense attorney. They can examine your case and supply crucial legal advice. 

What Florida Considers Motor Vehicle Theft

Florida Statute defines theft as knowingly taking or using someone else’s property with the intent to permanently or temporarily deprive the vehicle owner of its use or benefits. This applies to any motor vehicle, such as cars, trucks, motorcycles, boats with motors, and other motorized vehicles. 

How Florida Classifies Auto Theft Charges

Florida classifies motor vehicle theft crimes into degrees based on the vehicle’s value and the method of theft. Regardless of the degree, all auto theft charges are felonies.

Third-Degree Felony

Florida Statute automatically classifies the stealing of any motor vehicle as grand theft of the third degree. This applies regardless of the market value of the car involved.

If you’re convicted of a felony of the third-degree, you may face:

• Up to five years in prison
• Fines up to $5,000
• Automatic license suspension until you complete your entire sentence

Second-Degree Felony (Vehicles Worth $20,000-$100,000)

If the value of the vehicle involved is between $20,000 and $100,000, Florida statute escalates the criminal charge to second-degree grand theft.

A second-degree felony conviction carries:

• Up to 15 years in prison
• Up to 15 years of probation
• Fines up to $10,000

First-Degree Felony (High-Value Vehicles or Property Damage)

There are three situations under the Florida Statutes where grand theft becomes a first-degree felony. Any of these will qualify:

• The value of the stolen motor vehicle is $100,000 or more
• The property stolen is cargo valued at $50,000 or more that has entered interstate or intrastate commerce
• During the grand theft, the offender either used a motor vehicle as a tool to assist in the commission of the offense and it caused damage to the real property of another, or it caused damage to real or personal property exceeding $1,000

A person who used a truck to ram through a gate to steal equipment could face first-degree grand theft auto charges if the damage caused exceeds $1,000. First-degree felony penalties include up to 30 years in prison and fines of up to $10,000.

Joyriding vs. Stealing

In some states, taking someone’s car for a joyride with the intent to return it is charged as a lesser offense than grand theft auto. Florida is not one of those jurisdictions.

Florida statutes classify theft as when you take someone’s property with the intent to deprive the owner of it, either temporarily or permanently. “Borrowing” someone else’s car without permission carries the same felony charges as stealing the car.

Prosecutors must prove that you took or used the car with the intent to deprive the owner of their rights to it. Intent is a crucial element of the charge. If the intent is present, it doesn’t matter whether you planned to keep the car forever or return it after a few hours. Joyriding and other reduced charges are not part of Florida’s auto theft laws.

When Theft of a Motor Vehicle Becomes Carjacking

There is a big difference between stealing an unoccupied car and taking a vehicle from someone through force or fear. It escalates from property crime to carjacking charges, a violent felony that could result in a life sentence.

Florida Statutes define carjacking as taking a motor vehicle from someone’s possession through force, violence, assault, or by putting them in fear. This criminal charge is always a first-degree felony. Penalties will depend on whether you had a weapon in the commission of the offense.

Carjacking Without a Weapon

If the carjacking was committed without the use of a firearm or deadly weapon, the following penalties apply:

• Up to 30 years in prison
• Fines up to $10,000

Florida law takes a dim view of any type of carjacking.

Carjacking With a Weapon

If a firearm or a deadly weapon was involved in the carjacking, the penalties become more serious and can result in a lifetime sentence. Florida has mandatory minimum sentences for those who possess and/or use a firearm during a carjacking. These include:

• 10 years if you possessed a firearm
• 20 years if you fired the firearm
• 25 years to life if someone was seriously injured or killed

These mandatory minimum penalties mean judges must impose these sentences when the law applies.

Increased Penalties

Several aggravating factors could exacerbate the penalties. These can include:

Habitual Offender Status

If you have a previous theft conviction, prosecutors and judges will treat your current case more harshly. Florida statute has special sentencing rules for repeat offenders. Someone who has two or more prior felony convictions and committed the current felony while serving a sentence or within five years of their last conviction or release from prison is classified as a habitual offender. This can lead to the court imposing an extended prison sentence. 

How Florida Calculates Prison Sentences

Florida uses a point system, called the Criminal Punishment Code Scoresheet, to calculate the recommended prison sentence. Motor vehicle theft typically starts as a Level 3 offense, but points get added for:

• Primary offense
• Additional offenses
• Victim injury
• Prior felony convictions
• Weapon use
• Committing the offense while on probation

These additional points can significantly increase a recommended minimum sentence. To learn more about using the criminal punishment scoresheet, consider consulting a criminal defense attorney. They can provide detailed legal advice tailored to your case.

Mandatory Minimum Sentences for Firearm Use

If you are accused of using a firearm during motor vehicle theft or carjacking, Florida‘s 10-20-Life law imposes mandatory minimum sentences that judges cannot reduce:

• 10 years if you possessed a firearm during the offense
• 20 years if you fired the firearm
• 25 years to life if someone was seriously hurt or killed when you fired the gun

These are hard minimums. Even if a judge thinks they’re too harsh for your specific situation, they have no choice but to impose at least these sentences.

Weapon Possession Increases the Charge Level

Carrying, displaying, threatening with, or attempting to use a firearm during the commission of the crime reclassifies the criminal charge:

• Third-degree felony bumps up to second-degree felony
• Second-degree felony bumps up to first-degree felony
• First-degree felony bumps up to life felony

The charge also moves one level higher on the sentencing scoresheet, which can increase your minimum recommended sentence.

Restitution

Beyond prison time and fines, Florida courts routinely order people convicted of motor vehicle theft to pay restitution. This means compensating the victim or their insurance company for financial losses, which might include:

• The market value of the motor vehicle if it wasn’t recovered
• Repair costs for damage
• Towing and storage fees
• Lost wages because the victim couldn’t get to work
• Rental car expenses while the vehicle was missing

Restitution is added on top of your prison sentence and fines. If you fail to pay court-ordered restitution, you could face additional penalties, such as extended probation or revocation of your probation.

Automatic License Suspension

Under Florida Statutes, anyone convicted of stealing a motor vehicle or motor vehicle parts automatically loses their driver’s license. The Department of Highway Safety and Motor Vehicles cannot consider the reinstatement of your license until you have completed your prison sentence, probation, parole, or suspension.

Possible Defenses to Auto Theft Charges

Several defenses might apply to your case depending on what actually happened. An experienced criminal defense lawyer can evaluate which defenses fit your situation.

Consent

Consent eliminates the unlawful taking element. However, the scenario becomes more complicated if you exceed the scope of permission. For example, if you borrowed your friend’s car to grab some groceries but then took it on a three-day road trip instead, a consent defense is unlikely to be effective.

Mistake of Fact

This may apply if you reasonably believed you had authorization to take the vehicle. This can occur in situations involving shared vehicles or civil disputes that are misinterpreted as criminal theft.

Lack of Intent

Theft requires specific intent to deprive the vehicle owner of their property or its benefits. Your attorney could show your genuine belief that you had permission and your plan to return the vehicle immediately.

Related Crimes

Auto theft cases often come with additional charges:

• Dealing in stolen property: Buying, selling, or distributing stolen vehicles
• Operating a chop shop: Running a place where stolen vehicles are altered or dismantled
• Altering VINs: Removing or changing vehicle identification numbers
• Fleeing and eluding: Refusing to stop for police
• Possession of burglary tools: Having tools like slim jims or lock picks
• Criminal mischief: Damaging the vehicle

These are often separate charges from auto theft and carry their own penalties.

Get Help From a Florida Criminal Defense Attorney

Car theft charges can result in years in prison, hefty fines, and life-altering consequences. If you are facing this criminal charge, it’s a good idea to seek legal advice from a criminal defense attorney. They can help evaluate the evidence against you, explore possible defenses, and represent you at trial. Contact a local criminal defense attorney to learn your options.