Punta Gorda Burglary, Theft & Vandalism Defense Lawyers
At Foley & Wilson Law Firm, we understand the profound impact that allegations of burglary, theft, or vandalism can have on your life. Our experienced legal team, comprised of former prosecutors with over 45 years of experience in the criminal justice system, is dedicated to providing the highest level of professional representation. We treat every client with dignity and respect, delivering a high degree of skill and professionalism to those facing serious criminal charges, including property crimes. Contact our experienced Punta Gorda burglary, theft & vandalism defense lawyers today.
Burglary Charges in Florida
Burglary is defined under Chapter 810 of the Florida Statutes, specifically section 810.02. To secure a conviction for burglary, the prosecution must prove that the defendant entered a dwelling, structure, or conveyance, and did so with the intent to commit an offense therein. Burglary is classified into different degrees based on the circumstances:
- First-Degree Burglary involves an armed burglary, burglary with an assault or battery, or causing damage to the property. Conviction can potentially result in life imprisonment.
- Second-Degree Burglary involves a burglary of an occupied dwelling, structure, or conveyance. A conviction carries a penalty of up to 15 years in prison.
- Third-Degree Burglary involves a burglary of an unoccupied structure or conveyance. Persons convicted of this offense face up to five years in prison.
A skilled defense lawyer will apply all available defenses to avoid a conviction, including lack of intent, consent to enter the premises, misidentification or lack of evidence, and more. Failures in police procedures and constitutional violations can also form the basis for getting charges reduced or dismissed. Our energies at Foley & Wilson are focused on getting the best outcome given the specific circumstances in your case.
Theft and Related Offenses
Theft crimes are addressed under Chapter 812 of the Florida Statutes. These offenses range from petit theft to grand theft and include specific crimes such as shoplifting and robbery.
- Grand Theft (Fla. Stat. § 812.014) involves the theft of property valued at $750 or more. Penalties vary based on the value and type of property stolen. Grand theft can result in a prison sentence ranging from 5 years to 30 years, depending on the degree.
- Petit Theft (Fla. Stat. § 812.014) involves the theft of property valued at less than $750. Penalties range from a second-degree misdemeanor to a first-degree misdemeanor. Petit theft can result in up to 1 year in jail.
- Retail Theft (Shoplifting) (Fla. Stat. § 812.015) involves taking merchandise from a retail establishment with the intent to deprive the merchant of the possession, use, or benefit of the property. Shoplifting penalties include fines, community service, and possible jail time.
- Robbery (Fla. Stat. § 812.13) involves taking money or property from another person, with the use of force, violence, assault, or putting the victim in fear. Robbery penalties range from 15 years to life imprisonment, depending on the severity and circumstances.
Defense to theft and robbery charges might include showing a lack of intent to permanently deprive the owner of the property, demonstrating ownership or right to the property in question, establishing misidentification or mistaken identity, or proving duress or necessity. The burden is on the prosecution to prove its case. Our job is to raise reasonable doubt where it exists or otherwise seek to defeat the charges in or out of court.
Vandalism Charges in Florida
Vandalism, also known as criminal mischief, is outlined in section 806.13 of the Florida Statutes. To convict someone of criminal mischief, the prosecution must prove that the defendant willfully and maliciously injured or damaged property that belonged to another person. Potential penalties if convicted depend on the value of the property involved. If the damage is less than $200, the offense is a second-degree misdemeanor, punishable by up to 60 days in jail. Damage between $200 and $1,000 is a first-degree misdemeanor, punishable by up to one year in jail. Damage exceeding $1,000 is a third-degree felony, punishable by up to five years in prison.
Defenses to vandalism may include lack of intent to cause damage, accident or mistake, or consent from the property owner, among others.
Why Choose Foley & Wilson Law Firm
Our boutique practice is dedicated to providing personalized and attentive legal services. As former prosecutors, we have unique insights into the criminal justice system and leverage this experience to build strong defenses for our clients. We are committed to protecting your rights and achieving the best possible outcome in your case.
If you are facing charges of burglary, theft, or vandalism in Punta Gorda, Florida, contact Foley & Wilson Law Firm today. Our skilled attorneys will guide you through the legal process with professionalism and care, ensuring that your case is handled with the utmost attention and expertise.
