Defending Against Theft and Burglary Charges in Florida

Being accused of theft or burglary in Florida is a serious matter. These crimes carry significant penalties and can have a lasting impact on your life. Whether you’re facing charges for shoplifting, stealing property, or breaking into a home, it’s important to understand the legal aspects of these offenses and how to mount a strong defense. In Florida, theft and burglary charges are classified based on the value of stolen property, the circumstances of the crime, and other factors. Knowing what to expect and how to prepare for your defense can help you navigate these complex cases.

This blog will explain the basics of theft and burglary charges in Florida, the potential defenses, and why it’s crucial to seek the help of an experienced criminal defense lawyer.

What is Theft in Florida?

Theft occurs when someone unlawfully takes another person’s property with the intent to permanently deprive the owner of it. Florida law classifies theft into several categories based on the value of the stolen property:

• Petit theft involves stolen property valued at less than $750 and is typically considered a misdemeanor.
• Grand theft involves stolen property valued at $750 or more and is classified as a felony.
• Grand theft of a firearm, motor vehicle, or commercial farm equipment is a more serious charge with higher penalties.

Florida law also includes “robbery” and “burglary” as crimes that may involve theft, but they carry distinct definitions. The key element in any theft charge is the intent to steal, and prosecutors must prove that the accused had this intent beyond a reasonable doubt.

What is Burglary in Florida?

Burglary is the unlawful entry into a building or structure with the intent to commit a crime, typically theft. Burglary charges can be classified based on the circumstances of the crime. There are three main types of burglary charges in Florida:

• Burglary of a Dwelling: This is the most serious form of burglary in Florida. It involves entering a residence or home with the intent to commit a crime. A conviction for this offense can result in lengthy prison sentences and heavy fines.
• Burglary of a Structure: This involves unlawfully entering a building, but it doesn’t necessarily involve a home. It could be a business, warehouse, or other non-residential structure.
• Burglary of a Conveyance: This refers to unlawfully entering a vehicle, such as a car, truck, or boat, with the intent to commit a crime.

Unlike theft, burglary does not require the defendant to steal property; the crime occurs as soon as someone enters a building or vehicle with criminal intent. Florida law also considers whether the person was armed or used force during the burglary when determining penalties.

Defenses Against Theft and Burglary Charges

If you are facing theft or burglary charges in Florida, it’s important to understand that there are several possible defenses. A good defense can help reduce or eliminate the charges against you, depending on the evidence and the circumstances. Below are some common defenses to consider:

Lack of Intent

The most common defense in theft and burglary cases is that the defendant did not have the intent to steal. Theft charges rely heavily on proving intent. If the defense can show that you did not have the purpose of stealing, the charges may be dismissed or reduced. For instance, if you took an item by accident or without realizing that it belonged to someone else, this could be used to show a lack of intent.

Mistaken Identity

Mistaken identity is another defense that may be used in theft or burglary cases. If there is insufficient evidence linking you to the crime, your criminal defense lawyer may argue that you were falsely accused or that another person committed the offense. This defense relies on discrediting the eyewitness testimony or other evidence used to identify you as the perpetrator.

No Unlawful Entry

In burglary cases, one of the key elements is unlawful entry. If the prosecution cannot prove that you entered the building or vehicle without permission or in a criminal manner, the charges may not stand. Your criminal defense lawyer could argue that you were lawfully on the property, had permission to enter, or were mistaken about the nature of your entry.

Alibi

If you can provide proof that you were elsewhere at the time of the alleged theft or burglary, you may be able to establish an alibi defense. This can be powerful evidence in your favor, especially if there are witnesses or records (such as security footage or cell phone data) that support your version of events.

Lack of Evidence

Sometimes, the evidence against you may be insufficient to support a theft or burglary conviction. If law enforcement does not have strong proof, such as surveillance footage, eyewitness testimony, or physical evidence, your lawyer may argue that there is not enough to prove your guilt beyond a reasonable doubt. Without solid evidence, the case may be dropped or dismissed.

Entrapment

In certain situations, law enforcement officers may entrap an individual into committing a crime they otherwise wouldn’t have committed. If you were induced or coerced into committing theft or burglary by law enforcement, your criminal defense lawyer may argue that you were a victim of entrapment. This defense typically involves showing that you were encouraged by authorities to commit the offense.

Possible Penalties for Theft and Burglary in Florida

The penalties for theft and burglary charges in Florida depend on the nature of the crime and whether you have a prior criminal record. Here is an overview of possible penalties for these offenses:

• Petit theft: A first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Grand theft: A third-degree felony, punishable by up to five years in prison and fines up to $5,000.
• Burglary of a dwelling: A second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
• Burglary of a structure or conveyance: A third-degree felony, punishable by up to five years in prison and fines up to $5,000.

If there are aggravating factors, such as the use of weapons or prior convictions, the penalties could be much harsher.

Why You Need a Criminal Defense Lawyer

If you are facing theft or burglary charges in Florida, it’s essential to consult with a criminal defense lawyer as soon as possible. A skilled lawyer can evaluate the evidence, identify potential defenses, and help you navigate the complex legal system. A criminal defense lawyer can also negotiate on your behalf to reduce charges or penalties and ensure that your rights are protected throughout the legal process.

Criminal defense lawyers have experience handling theft and burglary cases, and they know how to challenge the evidence, present your side of the story, and work toward the best possible outcome for your case. Whether you’re seeking a reduction in charges or preparing for trial, an attorney will guide you every step of the way.

Fight Allegations with a Criminal Defense Lawyer

Theft and burglary charges in Florida carry serious consequences that can affect your future. Understanding the charges and the potential defenses is crucial if you want to fight the allegations and protect your rights. Whether you were accused of taking something without permission, unlawfully entering a property, or being in the wrong place at the wrong time, there are legal strategies available to help you defend against these charges. To ensure you have the best chance of a favorable outcome, it’s important to consult with an experienced criminal defense lawyer. A knowledgeable attorney can provide the legal expertise and guidance necessary to navigate the criminal justice system effectively.