Facing criminal charges in Florida can be a deeply unsettling experience, especially when it comes to offenses like theft and burglary. These two charges are not only common and often misunderstood, but they carry serious consequences.
Understanding the differences between these charges under Florida law is critical. While they may sound similar, they involve distinct legal elements and consequences. Knowing what you’re up against can help you make informed decisions about your defense—and that’s where we come in.
At Malcolm Anthony, PA, we understand how confusing and stressful this situation can be. We’re here to help you understand the key differences between these two charges and why having a clear understanding of them is vital for building a strong defense. Let our criminal defense lawyer provide the legal support you need to confidently move forward with your case.
What is Considered Theft in Florida?
Under Florida Statutes (§812.014), theft is defined as the act of knowingly taking someone else’s property with the intent to permanently deprive them of it. It’s important to note that theft can occur without breaking and entering, as long as the property is taken with intent to steal.
Types of Theft
These include:
- Petit Theft: This charge applies when the value of the stolen property is less than $750. Typically considered a misdemeanor, petit theft can still result in serious consequences, including fines, probation, or jail time.
- Grand Theft: When the value of the stolen property exceeds $750, the charge is classified as grand theft. Based on the specific circumstances and the value of the stolen property, grand theft can range from a third-degree felony to a first-degree felony, with penalties that may include extended prison sentences and hefty fines.
Examples of Theft Offenses
These include:
- Shoplifting: This involves taking items from a store without paying.
- Auto Theft: This is the act of stealing a car or other motor vehicle.
- Embezzlement: The refers to the theft of funds or property entrusted to one’s care, often by an employee or fiduciary.
- Petty Theft and Larceny: These refers to common theft offenses that may not always carry the same penalties as grand theft, but still can result in significant legal consequences.
What is Burglary in Florida?
Burglary, as defined under Florida Statutes (§810.02), involves the act of illegally gaining physical entry into a structure, dwelling, or conveyance (such as a vehicle) with the intent to commit a crime inside, such as theft or vandalism. Burglary doesn’t necessarily require the act of stealing; it’s about unlawfully entering a defined space with criminal intent.
Types of Burglary
This includes:
- Burglary of a Dwelling: This refers to breaking into a home or residential building. Since homes are typically seen as sanctuaries, this offense often carries the most severe penalties.
- Burglary of a Structure: This offense involves unlawfully entering non-residential buildings, such as businesses, warehouses, or other commercial establishments.
- Burglary of a Conveyance: Breaking into a vehicle (such as a car, truck, or RV) with the intent to commit a crime is considered burglary of a conveyance.
Examples of Crimes Committed During Burglary
This can include:
- Theft: Stealing property during the burglary.
- Vandalism: Damaging property as part of the criminal act.
- Assault or Battery: In some cases, the burglar may commit physical violence against the property owner or others present at the scene.
What Are the Key Differences Between Theft and Burglary?
While theft and burglary are both property crimes, they differ significantly in several key aspects:
- Intent: Theft involves the intent to permanently deprive someone of their property, while burglary centers on unlawful entry into a space with the intent to commit any crime, not just theft.
- Location: Theft can occur anywhere, from a store to someone’s personal belongings in a public space. Burglary, however, specifically requires unlawful entry into a dwelling, structure, or conveyance.
- Penalties: Burglary often carries harsher penalties than theft due to the added element of unlawful entry. For example, even if the crime doesn’t involve stealing, the act of breaking and entering is a serious offense in itself.
Penalties for Theft and Burglary in Florida
Both theft and burglary come with a range of potential penalties, but the severity of these penalties largely depends on the type of offense and the circumstances surrounding the crime.
Theft Penalties
Examples are:
- Petit Theft: As a misdemeanor, petit theft can result in fines, probation, or up to one year in jail for repeat offenders.
- Grand Theft: This more serious charge can lead to felony penalties, including extended prison sentences ranging from 1 to 30 years, depending on the degree of the offense. The value of the stolen property and the type of property (e.g., firearms, motor vehicles) can further influence the severity of the penalty.
Burglary Penalties
Burglary charges can be classified as either first, second, or third-degree felonies, with penalties varying based on the specifics of the case:
- Burglary of a Dwelling: If the dwelling is occupied, the charge can be classified as a first-degree felony, which may result in up to life in prison.
- Burglary of a Structure or Conveyance: Depending on whether the offender was armed or caused injury, penalties for burglary can range from a third-degree felony (up to 5 years in prison) to a first-degree felony.
- Enhanced Penalties: If the offender is armed, causes bodily harm, or if the crime takes place during a time when the premises are occupied, penalties are significantly increased.
Defenses Against Theft and Burglary Charges
When facing theft or burglary charges, having a strong legal defense is critical. Here are some common defenses that we use for clients:
Theft Defenses
These can include, but are not limited to:
- Lack of Intent: For theft to be charged, there must be intent to permanently deprive the owner of their property. If you didn’t intend to steal the property, this could be a valid defense.
- Mistaken Ownership: If you genuinely believed the property was yours or that you had a right to possess it, this could be a defense against theft charges.
- Coercion or Duress: If you were forced or threatened into committing the theft, this can serve as a defense.
Burglary Defenses
These can include, but are not limited to:
- No Intent to Commit a Crime: Burglary requires the intent to commit a crime inside the premises. If you entered with no such intent, this could challenge the charge.
- Consent: If you had permission to enter the property, this would negate the charge of burglary.
- Mistaken Identity or Insufficient Evidence: If there’s insufficient evidence linking you to the crime or if you were wrongly identified, these could be used to challenge the case.
Why Legal Representation is Essential
Navigating criminal charges for theft or burglary can be a complex process. At Malcolm Anthony, PA, we understand the importance of crafting a strong defense strategy tailored to your unique case. Our experienced attorneys will:
- Thoroughly investigate the evidence and identify potential weaknesses in the prosecution’s case.
- Negotiate plea deals or advocate for reduced charges, ensuring the best possible outcome for your situation.
- Represent you in court with the knowledge and skill needed to challenge the charges and protect your rights.
It’s essential to have an experienced criminal defense attorney by your side, especially when facing serious charges like theft or burglary.
Speak With an Experienced Burglary Lawyer in Florida
Understanding the differences between theft and burglary charges—and knowing your legal rights—is the first step in protecting your future. If you or someone you know is facing theft or burglary charges in Florida, don’t wait to seek legal help. Contact Malcolm Anthony, PA, today at (904) 285-4529 to schedule a consultation and begin building your defense.
