Jacksonville, FL asked in Criminal Law for Florida

Q: What are the grounds needed to prove grand theft? And also can a warrant be issued 6months after an alleged grand theft

Can a warrant be issued on word of complaint alone 6 months after alleged incident

Related Topics:
1 Lawyer Answer
Sasha Dadan Bonna
Sasha Dadan Bonna
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: The Statute of limitations on a third degree felony is three years. To prove the crime of grand theft the State must prove beyond a reasonable doubt:

1. (Defendant) knowingly and unlawfully [obtained or used] [endeavored to obtain or to use] the (property alleged) of (victim).

2. [He] [She] did so with intent to, either temporarily or permanently,

a. deprive (victim) of [his] [her] right to the property or any benefit from it.

b. appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it.

Once the State has proven the above the State is then charged with proving the value of the property taken.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.