Burglary vs. Theft in Fort Myers

To the average Fort Myers resident, burglary and theft might seem like interchangeable terms. Both words seem to indicate “unlawful taking,” and you might assume that they mean the same thing. However, Florida criminal courts make a clear distinction between burglary and theft. If you have been accused of either of these crimes, you should gain an understanding of the potential consequences. You might want to discuss these penalties and definitions alongside an experienced Fort Myers criminal defense attorney.

Burglary Involves Trespassing 

Burglary involves trespassing, and this makes it distinct from theft. In order to face a burglary conviction, prosecutors must show that you entered a dwelling or structure without permission. In fact, prosecutors do not need to prove that you actually stole anything once you entered the property. The only requirement is that you had an “intent to commit an offense” once inside. This often involves theft – but not always.

You might be charged with burglary if you enter a property to commit an offense other than theft. Examples include vandalism, kidnapping, or even murder. Prosecutors may attempt to prove you intended to commit an offense in various ways. Perhaps the most obvious strategy is to show that you possessed weapons while trespassing. Prosecutors might also use text message evidence to show that you planned the burglary in order to steal a specific item.

Note that you can face burglary charges even if you initially had permission to enter the property. If you remain on the property after being told to leave, any intent to commit an offense could lead to burglary charges.

Theft Involves Any Unlawful Taking 

Unlike burglary, theft always involves unlawful taking. In order to face these charges, you need to actually take something that belongs to someone else. “Intent” is often irrelevant in theft cases. You may have eyed an item on a shelf, and you may have intended to sneak it into your pocket. But if you never actually take the item and walk out of the store, you cannot face theft charges. This is a key distinction between burglary and theft. Technically, you could face burglary charges if you break into the same store after hours with the intent to steal the item – even if you never put it into your pocket.

How Do Prosecutors Prove Intent in Burglary Cases? 

Proving intent can be difficult for prosecutors, as it is challenging to determine what is going on in someone’s mind. In the absence of other evidence, it may be impossible to prove that you entered a property with the specific intention of committing an offense. Perhaps you were merely exploring a mall after sneaking into the premises after hours. Maybe you broke into a home as a dare amongst friends. Whatever the case, prosecutors may have to settle for trespassing charges if they cannot establish an intent to commit an offense.

Can a Fort Myers Defense Attorney Help With Burglary Charges? 

A Fort Myers defense attorney may be able to help you fight your burglary charges. Once you understand the potential consequences of your theft offense, you can consider the most appropriate defense strategies. That being said, each case is different – and online research only provides basic answers. To receive personalized legal advice based on your specific circumstances, consider a consultation with The Foley & Wilson Law Firm. Reach out today to get started.

Sources: 

flsenate.gov/Laws/Statutes/2019/812.014

flsenate.gov/Laws/Statutes/2012/810.02