THEFT & BURGLARY CHARGES

Theft and burglary charges can have long-lasting effects on your life, potentially leading to severe legal penalties and a permanent criminal record. These charges can range from shoplifting to breaking and entering, each with serious consequences.
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Definition and Legal Definition
Theft involves the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Burglary involves entering a building or structure with the intent to commit a crime inside, typically theft or another felony.
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Examples of Theft and Burglary:
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Petty Theft: Theft of property valued at less than $300.
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Grand Theft: Theft of property valued at $300 or more.
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Shoplifting: Stealing items from a retail store.
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Burglary of a Dwelling: Entering a residence with the intent to commit a crime inside.
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Burglary of a Structure: Entering a business or other non-residential building with the intent to commit a crime inside.
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Robbery: Taking property from someone by force or threat of force.
Potential Defenses:
As your defense attorney, we will explore all possible defenses, including:
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Lack of Intent: Arguing that the defendant did not have the intent to steal or commit a crime.
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Mistaken Identity: Arguing that the defendant was not the person who committed the crime.
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Claim of Right: Arguing that the defendant believed they had a right to the property.
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Coerced Confession: Proving that any confession was obtained under duress or coercion.
Statistics on Theft and Burglary in Florida and Miami-Dade County:
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Florida reported 180,000 cases of theft and burglary in 2022.
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Miami-Dade County accounted for 25,000 of these cases.
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The clearance rate for burglary cases was 22%.
What to Do if Falsely Accused:
If you are falsely accused of theft or burglary, it is crucial to:
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Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.
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Document Everything: Keep detailed records of all interactions and transactions related to the accusation.
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Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.
Reasons for False Accusations:
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Mistaken Identity: Being wrongly identified as the perpetrator.
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Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.
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Misunderstanding: Misinterpretation of legitimate actions as criminal.
Possible Jail Times and Fines:
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Petty Theft: Penalties can include fines up to $1,000 and jail time up to one year.
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Grand Theft: Penalties can range from fines and probation to several years in prison, depending on the value of the stolen property.
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Shoplifting: Penalties can include fines, probation, community service, and possible jail time.
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Burglary of a Dwelling: Penalties can include up to life imprisonment, depending on the circumstances.
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Burglary of a Structure: Penalties can range from several years in prison to life imprisonment.
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Robbery: Penalties can include long prison sentences and substantial fines.
Specific Cases:
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State v. Mosley: A case that highlighted the importance of intent in theft charges, where the defendant’s conviction was overturned due to lack of evidence of intent.
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State v. Montgomery: A case where the defendant’s burglary charges were dismissed due to procedural errors by law enforcement.
Can the Charges Be Dropped?
Yes, theft and burglary charges can be dropped if:
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Lack of Evidence: Insufficient evidence to support the charges.
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Procedural Errors: Violations of legal procedures during the investigation or arrest.
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Successful Negotiation: Negotiations leading to plea deals or agreements.
FAQs:
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Q: Can theft or burglary charges be expunged?
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A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.
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Q: How long do theft and burglary investigations typically take?
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A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.
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Q: What should I do if I believe I’m under investigation for theft or burglary?
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A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.
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Contact Us Today!
If you or a loved one is facing theft or burglary charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.
