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The terms "theft," "burglary," and "robbery" are often used interchangeably, but under Florida law, these property crimes have distinct definitions and carry different penalties. If you're facing charges in Broward County, it's crucial to understand the nuances of these offenses and the potential consequences of a conviction.
At the Law Offices of Robert David Malove, our experienced criminal defense lawyers have extensive experience representing clients accused of grand theft, burglary, and robbery in Fort Lauderdale, Pompano Beach, Hollywood, and throughout the area. We’re here to explain the charges and penalties you face and mount an aggressive defense strategy to defend you. Let's explore the key elements that set these crimes apart, so you understand the crime you’ve been charged with committing.
What Sets Theft, Robbery, and Burglary Apart?
In Florida, theft is defined as taking someone else's property with the intent to temporarily or permanently deprive them of it. However, the law recognizes different degrees and categories of theft, based on factors like:
- Property value
- Use of force or weapons
- Victim's presence and emotional state
- Unlawful entry into homes, vehicles, or businesses
Here's a quick breakdown of how these elements distinguish theft, robbery, and burglary:
- Petit theft vs. grand theft. The dollar value of the stolen goods determines whether you are charged with petit or grand theft.
- Theft vs. robbery. Robbery involves force, violence, assault, or putting the victim in fear during the taking.
- Theft vs. burglary. Burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, regardless of whether anything is actually stolen.
As you can see, the details of your actions and the scene make all the difference in which crime you could be charged with—and how severe the potential penalties may be.
What Is Considered Grand Theft in Florida?
Under Florida Statute § 812.014, grand theft is defined as knowingly obtaining or using someone else's property with a value of at least $750 with the intent to temporarily or permanently deprive them of it. This crime is a felony and much more serious than petit theft, which is frequently a misdemeanor. The severity of the charges depends on the stolen property's value:
- First-degree grand theft. If the value of the property taken is more than $100,000, you would be charged with a first-degree felony. You could be sentenced to up to 30 years in prison and have to pay a $10,000 fine.
- Second-degree grand theft. You would be charged with second-degree grand theft if the property stolen is worth between $20,000 and $100,00. The penalties for a second-degree felony are up to 15 years in prison and a $10,000 fine.
- Third-degree grand theft. Grand theft is a third-degree felony when the property is valued at $750 to $19,999. You could be sentenced to five years in prison and a $5,000 fine if convicted.
You could also be charged with other grand theft charges, such as stealing from a senior citizen or grand theft of a firearm, which are also felonies in Broward County and may result in a harsher sentence.
When Could You Be Charged With Burglary in Fort Lauderdale?
Burglary involves entering a dwelling, structure, or conveyance like a vehicle without permission and with the intent to commit a crime inside, such as theft or assault. The intent to commit a crime once in the building or conveyance is a key element of the crime, whether or not anything is stolen. All burglary offenses are felonies. The specifics of the structure and circumstances dictate the degree.
Florida recognizes several types of burglary, such as the following:
- Burglary of a dwelling. Burglary of a home is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
- Burglary of a structure. Burglary of a nonresidential building is a third-degree felony. The punishments can include up to five years in prison and a $5,000 fine.
- Armed burglary. If the theft involves using a weapon, the charge is a more serious first-degree felony. You could be sentenced to up to life in prison if convicted.
Types of Robbery Crimes in Florida
Robbery is a violent form of theft that involves taking property directly from another person using force, violence, assault, or threats. The use or threat of force is the primary factor distinguishing robbery from grand theft and burglary.
Under Florida law, like burglary, robbery is always a felony offense. You would face enhanced penalties if you carried a gun or other deadly weapon, or if anyone was injured during the incident.
There are different types of robbery charges in Florida. Here are a few common ones:
- Robbery. You would be charged with a second-degree felony if arrested for robbery. Penalties include up to 15 years in prison
- Armed robbery. You face much more serious charges if arrested for armed robbery. This is a first-degree felony, punished by up to life in prison
- Carjacking. Stealing a car from someone usually involves force and is often charged as armed robbery. It is a first-degree felony punished the same as armed robbery.
Protect Your Rights with Skilled Legal Representation
Accusations of theft, burglary, and robbery can lead to life-altering consequences, including lengthy prison sentences and significant fines. If you've been charged with any of these serious property crimes in Broward County, having a knowledgeable criminal defense attorney by your side is essential.
At the Law Offices of Robert David Malove, we know you could have defenses to the charges, even if you believe you’re guilty. These defenses could result in the charges being reduced to a less serious misdemeanor or dismissed.
Our dedicated criminal defense lawyers will thoroughly investigate the circumstances surrounding your case, challenge the prosecution's evidence, and develop a compelling defense strategy tailored to your unique situation. Whether negotiating a favorable plea agreement or advocating for your acquittal at trial, we fight tirelessly to protect your rights and secure the best possible outcome.
