Burglary & Theft
Jessica J. Travis has taken all types of Burglary & Theft charges to jury trial and is familiar with the defenses.
Defenses to Theft
Defenses to Theft include:
- No intent to permanently deprive.
- Property taken or used by mistake.
- Mistaken identity.
- Owner gave permission or consent.
- Defendant had legal right to take the property.
- Necessity or Duress.
- The market value of the property has been overstated.
Defenses to Burglary
- No intent: At that time he entered, Defendant did not have the intent to commit a crime. For example, any taking was a Theft, not a Burglary, because the Defendant did not form the intent to take until he entered.
- Invited: Defendant was invited onto premises and did not conceal himself after entering. In other words, any taking was a Theft, not a Burglary, because the premises were open to the public or the owner invited the Defendant.
- Mistaken identification: Suggestive line-up or drive by identification procedure, alibi, conflicting witness descriptions.
Types of Theft
Theft is taking property without permission and with an intent to permanently deprive the owner or interest holder. Florida Statutes, Section 812.014. Theft charges include:
- Misdemeanor (Petit) Theft
- Felony (Grand) Theft
- Shoplifting/ Retail theft
- Theft by False Pretenses
- Theft of Services
- Giving False Verification of Ownership to a Pawnbroker
- Unlawful Possession or Use of a Credit Card or Identity
- Dealing in Stolen Property
- Employee Theft/ Embezzlement
- Theft of a Motor Vehicle
Penalties for Theft
A Theft conviction may result in probation or prison depending on the nature of the item taken and/ or its value. Florida Statutes, Section 812.014. For example:
- Value = Less than $100: Misdemeanor (Petit) Theft, 2nd Degree – Up to 60 days in jail & $500 fine.
- Value = More than $100 but less than $300: Misdemeanor (Petit) Theft, 1st Degree – Up to 12 months in jail & $1,000 fine.
- Value = More than $300 but less than $20,000; or item taken was firearm, auto or controlled substance: Felony (Grand) Theft, 3rd Degree – Up to 5 years in prison & $5,000 fine.
- Value = More than $20,00 but less than $100,00; or item taken was emergency medical or law enforcement equipment valued at $300 or more: Felony (Grand) Theft, 2nd Degree – Up to 15 years in prison & $10,000 fine.
- Value = $100,000 or more: Felony (Grand) Theft, 1st Degree – Up to 30 years in prison & $10,000 fine.
Theft conviction will suspend driver’s license
In addition to a sentence, a Theft conviction also results in a driver’s license suspension for 6 months to a year. Florida Statutes, Section 812.014(5)(b).
Types of Burglary
Burglary is entering a conveyance (vehicle), building or residence without permission and with the intent to commit a crime. Florida Statutes, Section 810.02. Common types of Burglary are:
- Auto Burglary
- Burglary of Structure (building, business)
- Burglary of a Dwelling (including any porch attached thereto)
Penalties for Burglary
- Burglary of a Conveyance or Structure: 3rd degree felony punishable by up to 5 years prison/ probation and/ or $5,000 fine.
- Burglary of dwelling or occupied dwelling, structure or conveyance or with intent to take a controlled substance: 2nd degree felony punishable by up to 15 years prison/ probation and/ or $10,000 fine.
- Burglary with Assault or Battery: Life felony punishable by up to life in prison and/ or $15,000 fine.
- Armed Conveyance Burglary or Conveyance Burglary where offender subsequently becomes armed (takes a gun from a car): Life felony with 3 year minimum mandatory (day for day) prison sentence/ punishable by up to life in prison and/or $15,000 fine.
- Other Armed Burglary where offender is or becomes armed: Life felony with 10 year minimum mandatory (day for day) prison sentence/ punishable by up to life in prison and/ or $15,000 fine.
If the firearm is a semi-automatic or is discharged during the course of a Burglary, the minimum mandatory sentence will increase. Click here for more information on Firearm charges
Call The Travis Law Firm, PLLC for a free consultation on Burglary or Theft charges in Brevard County: 321-728-7280.
Note: Florida laws are constantly changing. Please contact a Florida criminal defense attorney to make sure you have the most up-to-date information about the crime, penalties and defenses that you are researching. The information on this page is for informational purposes only and should not be relied upon in making important decisions.