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THEFT & BURGLARY CHARGES

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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:

  • Petty Theft: Theft of property valued at less than $300.

  • Grand Theft: Theft of property valued at $300 or more.

  • Shoplifting: Stealing items from a retail store.

  • Burglary of a Dwelling: Entering a residence with the intent to commit a crime inside.

  • Burglary of a Structure: Entering a business or other non-residential building with the intent to commit a crime inside.

  • Robbery: Taking property from someone by force or threat of force.

 

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

  • Lack of Intent: Arguing that the defendant did not have the intent to steal or commit a crime.

  • Mistaken Identity: Arguing that the defendant was not the person who committed the crime.

  • Claim of Right: Arguing that the defendant believed they had a right to the property.

  • Coerced Confession: Proving that any confession was obtained under duress or coercion.

 

Statistics on Theft and Burglary in Florida and Miami-Dade County:

  • Florida reported 180,000 cases of theft and burglary in 2022.

  • Miami-Dade County accounted for 25,000 of these cases.

  • 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:

  • Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.

  • Document Everything: Keep detailed records of all interactions and transactions related to the accusation.

  • Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

 

Reasons for False Accusations:

  • Mistaken Identity: Being wrongly identified as the perpetrator.

  • Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.

  • Misunderstanding: Misinterpretation of legitimate actions as criminal.

 

Possible Jail Times and Fines:

  • Petty Theft: Penalties can include fines up to $1,000 and jail time up to one year.

  • Grand Theft: Penalties can range from fines and probation to several years in prison, depending on the value of the stolen property.

  • Shoplifting: Penalties can include fines, probation, community service, and possible jail time.

  • Burglary of a Dwelling: Penalties can include up to life imprisonment, depending on the circumstances.

  • Burglary of a Structure: Penalties can range from several years in prison to life imprisonment.

  • Robbery: Penalties can include long prison sentences and substantial fines.

 

Specific Cases:

  • 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.

  • 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:

  • Lack of Evidence: Insufficient evidence to support the charges.

  • Procedural Errors: Violations of legal procedures during the investigation or arrest.

  • Successful Negotiation: Negotiations leading to plea deals or agreements.

 

FAQs:

  • Q: Can theft or burglary charges be expunged?

    • A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.

  • Q: How long do theft and burglary investigations typically take?

    • A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.

  • Q: What should I do if I believe I’m under investigation for theft or burglary?

    • A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

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.

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(305) 377-2525

19 West Flagler Street, Suite 417

Miami, Florida 33130

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