Port Charlotte Burglary, Theft & Vandalism Defense Lawyers
A criminal conviction can prove costly in terms of your finances and your liberty, not to mention damage to your reputation, employment, housing, relationships and more. With so much at stake, dealing with the charges against you properly is critical. At Foley & Wilson Law Firm, our Port Charlotte criminal defense team, led by former prosecutors with over 45 years of experience in the criminal justice system, is dedicated to providing you with the highest level of professional representation. We approach every case with a commitment to treating our clients with dignity and respect, delivering expert legal services to defend against serious allegations. Here, we provide an overview of various property offenses in Florida, the elements required for conviction, potential penalties, and possible defenses. For help after an arrest, contact our experienced Port Charlotte burglary, theft & vandalism lawyers for immediate assistance.
Burglary Under Florida Law
Burglary, as defined in Florida Statutes Chapter 810, specifically section 810.02, involves entering or remaining in a structure or conveyance with the intent to commit an offense therein. To secure a conviction, the prosecution must prove:
- The defendant entered a structure or conveyance owned by or in possession of another.
- The defendant did not have the permission or consent of the owner or person in possession.
- At the time of entry, the defendant had the intent to commit an offense within.
Burglary penalties vary based on the circumstances:
- Third-degree felony: Up to 5 years in prison and a $5,000 fine.
- Second-degree felony: Up to 15 years in prison and a $10,000 fine, often applied when the burglary involves a dwelling or if the defendant is armed.
- First-degree felony: Up to life imprisonment if the burglary involves assault, battery, or other aggravating factors.
Common defenses against burglary charges include:
- Lack of intent to commit a crime inside the structure.
- Consent to enter the premises.
- Mistaken identity or alibi.
- Insufficient evidence or unlawful search and seizure.
Theft, Robbery, and Related Crimes
Theft (grand theft and petit theft)
Under Florida Statutes Chapter 812, section 812.014, theft is categorized based on the value of the stolen property:
- Petit Theft: Involves property valued at less than $750 and can be charged as a misdemeanor.
- Grand Theft: Involves property valued at $750 or more, with degrees of severity increasing with the value and nature of the property.
Shoplifting (Retail Theft)
Defined in section 812.015, shoplifting involves taking merchandise from a retail establishment with the intent to deprive the merchant of its value. Penalties range from misdemeanors to felonies based on the value of the stolen items.
Robbery
Robbery, as outlined in section 812.13, involves taking money or property from another person through the use of force, violence, assault, or putting the victim in fear. This is a serious felony offense with severe penalties. Robbery is a second-degree felony, punishable by up to 15 years in prison, while armed robbery is charged as a first-degree felony, potentially leading to life imprisonment.
Defense strategies for theft-related charges may include a claim of ownership or right to the property, lack of intent to steal, mistaken identity or false accusation, coercion or duress, and other defenses.
Vandalism (Criminal Mischief)
Criminal mischief, as defined in Florida Statutes section 806.13, involves willfully and maliciously damaging or defacing the property of another. To obtain a vandalism conviction, the prosecution must prove beyond a reasonable doubt that:
- The defendant willfully and maliciously caused damage.
- The property belonged to another person.
- The damage resulted in a specific monetary loss.
Penalties for criminal mischief vary based on the extent of the damage:
- Second-degree misdemeanor: For damage less than $200, punishable by up to 60 days in jail and a $500 fine.
- First-degree misdemeanor: For damage between $200 and $1,000, punishable by up to one year in jail and a $1,000 fine.
- Third-degree felony: For damage over $1,000, punishable by up to five years in prison and a $5,000 fine.
Defenses against vandalism charges may include, for example:
- Lack of intent to cause damage.
- Mistaken identity or false accusation.
- Property damage was accidental or not malicious.
- Insufficient evidence.
Trust Foley & Wilson Law Firm for Your Defense
Facing charges of burglary, theft, or vandalism in Port Charlotte can be daunting, but you don’t have to go through it alone. At Foley & Wilson Law Firm, we leverage our extensive experience and deep understanding of the criminal justice system to provide you with a robust defense. Contact us today for a consultation, and let us help you navigate these serious charges with the professionalism and respect you deserve.
