What is the penalty for a first offense grand theft auto charge

The maximum penalty for grand theft, a third degree felony, is five years prison. Because it's your first offense, you may qualify for a diversion program. When you finish the diversion program, the charges are dropped.

My colleague is correct, the max is 5 years. He is also correct that as a first offender you may qualify for diversion. That decision is up to the State Attorney assigned to your case. Ideally, your Public Defender (PD) would be able to speak with the State about diversion but because diversion decisions are usually made BEFORE formal charges are filed and because PDs are so slammed with clients your PD simply may not have the time to speak with the State about a pre-filing diversion program for you. Generally, once the State decides to file the option of diversion goes away and then the PD would have to deal with your case. If you think the PD cannot argue for diversion because of case load, then seriously consider hiring a private attorney as soon as possible. You may find one that charges just to attempt getting you into diversion, which is a program where you do some community service, typically, and then the charges are dismissed. Even if you get filed and do not go to diversion, chances are very high that you will not receive anywhere near the maximum penalty as a first time offender. Your options would be to plead guilty in exchange for some State offered penalty, which, if you have no criminal history, should be fairly low, such as probation, time served or some minimum period of incarceration, home detention perhaps or weekends in jail if offered, or to take the case to trial. Only YOUR attorney can evaluate your options with you as only they know all the facts of your specific case. The above is general information only and not legal advice.