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As soon as you are notified that charges are pending against you, we suggest you give us a call. The type of theft case against you is irrelevant.
Any criminal charge, no matter how small has the potential to change your life forever.
According to §810.02 of the Florida Statutes, burglary is considered the entering of a building, whether it is a dwelling, structure or a conveyance with the intent to commit a crime within. Burglary is a first degree felony if a person during the burglary commits an assault or battery upon any person, is armed with a dangerous weapon, or enters into a dwelling while using a motor vehicle as anything other than a getaway vehicle and causing property damage in excess of $1,000 USD.
This crime is punishable by up to life imprisonment.
Dwelling in a burglary case refers to an inhabited residence, while a structure refers to things like an office building and a conveyance refers to a car or motor vehicle.
Burglary of a dwelling is a second degree felony and punishable by up to fifteen (15) years in state prison.
Burglary of a structure or conveyance is a third degree felony and punishable by up to 5 (five) years in state prison.
Burglary will likely be charged even if a person never enters the actual home. Entering into an enclosed property outside of the home called the 'curtilage' without consent with the intent to commit a crime within can qualify as burglary.
Florida Statutes §812.13 defines robbery as the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
Armed Robbery is theft using a weapon. If the person uses a firearm or other deadly weapon, the robbery is a first degree felony punishable up to life in state prison. If the offender carried a weapon, then the robbery is a first degree felony punishable by up to thirty (30) years in state prison.
Strong Arm Robbery is theft involving force, threats or violence but no weapon. This is a second degree felony, punishable by up to fifteen (15) years in state prison.
The definition of petit theft can encompass any scenario where person steals or endeavors to steal property from a person or business when the value of the property is less than $300. The theft does not have to occur in a store.
In Florida, petit theft is a second degree misdemeanor, which can result in up to sixty days (60) in jail. A second offense can be charged as a first degree misdemeanor, and is punishable by up to one(1) year imprisonment, and will result in a loss of your driving privileges. Under Section 812.0155, Florida Statutes, a court may also suspend a person’s driver’s license for a period of six (6) months where the person is adjudicated guilty of misdemeanor petit theft. The court must order the suspension of driving privileges for a period of one (1) year where a person is adjudicated guilty of a second offense.
Copyright © Aston Wilson, P.A.. All Rights Reserved.Materials contained within this website provideinformation on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.