The answer to your question depends upon many variables. In Florida, the law requires a court to utilize a criminal scoresheet. If your score is less than 44 points, then in most circumstances a court is not required to send you to prison or county jail. However, a court may still impose a jail sentence, even for a first offense. Stealing a motor vehicle is usually a third degree felony punishable by up to five years in prison and a $5,000.00 fine.
The maximum for Grand Theft Auto (GTA) is 5 years as it is a 3rd degree felony in the State of Florida.
The minimum could be probation but it really all depends on many factors such as: defendant's prior record, victim consent to a plea offer, did the defendant damage the vehicle, who is the prosecutor, who is the judge, etc., etc., etc. Every case is unique and the facts of one case may lead to an offer of probation while the facts of another may lead to a plea offer of jail.
I would strongly recommend that you consider retaining a skilled criminal defense attorney to help you with the case.
Best of luck.
Grand Theft of a Motor Vehicle is a third degree felony punishable by up to 5 years incarceration. That amount could increase if there are any applicable modifiers, such as Habitual Felony Offender (then the max could be 10 years).
In general, there is no minimum mandatory sentence for this charge. There might only be a minimum prison sentence IF the scoresheet provides for a minimum sentence or if the defendant is a Prison Release Reoffender. If there is no minimum sentence provided by the scoresheet, or otherwise, then the sentence can be anything from time served to probation to incarceration.
Additionally, if the score is low enough, it may be illegal for the defendant to get any prison sentence.
I highly suggest that the defendant in this case consult with a criminal defense attorney. Please feel free to call or write me if you have any questions or concerns.
Eric J. Trabin, Esq.
The Trabin Law Firm
7200 Aloma Avenue, Suite E-5
Winter Park, FL 32792
This is not to be considered legal advice nor does an attorney-client relationship exist.
That is not the type of case that would have minimum mandatory prison/jail time. However, as my colleagues have mentioned, it would contribute points toward any existing score sheet that would be used in calculating whether incarceration was mandatory or not. There are also several ways that incarceration can be avoided if someone scores the requisite 44 points for state prison. If you'd like a more detailed answer please contact me directly.