Naples, Burglary, Theft & Vandalism Lawyers
At Foley & Wilson Law Firm in Naples, Florida, we bring over 45 years of collective experience in the criminal justice system to defend our clients against serious allegations involving burglary and theft crimes in Naples. Our team, comprising former prosecutors and seasoned defense attorneys, is adept at navigating the complexities of the Florida legal system in the full range of theft and property crimes. We understand the gravity of these charges and are committed to providing top-tier legal representation, treating each client with dignity and respect while working toward a successful resolution and positive outcome. Contact our experienced Naples burglary, theft and vandalism defense lawyers for a free consultation and immediate assistance with your case.
Burglary Under Florida Law
Burglary, covered in Florida statutes Chapter 810, is a serious offense involving unlawfully entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein. The law categorizes burglary based on various factors, including the type of premises involved and the presence of people at the time of the offense.
To secure a conviction for burglary, the prosecution must prove every element of the defense as defined under section 810.02. The essential elements of burglary include:
- Unauthorized entry or remaining in a building or vehicle.
- Intent to commit an offense within the premises at the time of entry.
The penalties for a burglary conviction can be severe and may include imprisonment, fines, and a permanent criminal record. The severity of the sentence typically depends on factors like the type of premises involved and whether assault or battery occurred during the burglary. A skilled criminal defense attorney, however, can raise all possible defenses to a Naples burglary charge and challenge the prosecutor’s case wherever applicable. Defenses against burglary charges may include challenging the evidence of intent, proving lawful presence, or disputing the identification of the accused, for example.
Theft, Robbery, and Related Crimes in Naples
Chapter 812 of the Florida Statutes covers various theft and robbery offenses, including grand theft, petit theft, retail theft (shoplifting), and robbery. Grand Theft and Petit Theft are found in Section 812.014. Grand theft involves unlawfully taking property valued over a certain threshold, while petit theft pertains to property of lesser value. The classification and penalties depend on the value and nature of the stolen property.
Retail theft, commonly known as shoplifting, involves taking merchandise from a retail establishment without paying. Penalties vary based on the value of the stolen items and the defendant’s criminal history. The crime of retail theft in Florida can be found in Florida Statutes 812.015
Robbery (Section 812.13) is the taking of property from a person with the intent to permanently or temporarily deprive the person of the property by force, violence, assault, or putting in fear.
The penalties for theft and robbery offenses range from fines and probation for lesser offenses to significant prison time for more serious crimes like armed robbery. Defenses may include challenging the evidence of intent, proving consent, or disputing the identification of the accused, among others.
Vandalism (Criminal Mischief) Under Florida Law
Vandalism, legally termed as criminal mischief in Florida Statutes 806.13, involves willfully and maliciously damaging property belonging to another. This can include acts like graffiti, destruction, or defacement of property.
To be convicted of vandalism, it must be proven beyond a reasonable doubt that:
- The accused intentionally and maliciously damaged property.
- The property damaged belonged to someone else.
Penalties for vandalism depend on the extent of the damage and can range from misdemeanor to felony charges, including fines and potential jail time. Common defenses include disputing the intent to damage property or challenging the identification of the accused.
Foley & Wilson Law Firm: Your Defense Against Burglary, Theft, and Vandalism Charges in Naples
At Foley & Wilson Law Firm, we understand the nuances of defending against burglary, theft, and vandalism charges in Naples, Florida. Our extensive experience and deep knowledge of Florida’s legal system empower us to provide high-quality legal representation. We are dedicated to protecting your rights and achieving the best possible outcome in your case. For high-quality legal advice and assistance, contact Foley & Wilson Law Firm today.
