There have been a number of recent high-profile cases of theft of motor vehicles in South Florida in recent weeks, with defendants in each case facing serious penalties.
Still, it’s important to note that grand theft auto and carjacking, while both major crimes, are inherently different, which means the approach of prosecutors and defense attorneys will be different as well.
Grand theft auto, as codified in F.S. 812.014, is a third-degree felony, punishable by up to five years in prison and a maximum five of $5,000. It’s on par with theft of a firearm or commercially-farmed animal or a controlled substance. The offense may be bumped up to a second-degree felony if the vehicle involved costs more than $20,000 (but less than $100,000), in which case the penalty is increased to a possible 15 years maximum in prison. Carjacking, meanwhile, is codified in F.S. 812.133, is a life felony if a firearm is used; Otherwise, it’s considered a first-degree felony, punishable by up to 30 years in prison. Carjacking is the act of taking a motor vehicle either by force, violence, assault or putting in fear. Continue reading