Florida Theft Crimes: Burglary, Robbery, and Carjacking
In Florida, burglary, robbery, and carjacking are taken very seriously by the courts and state attorneys. These crimes involve elements that make them more severe than simple theft, often leading to higher penalties, including mandatory prison time. If you’re facing these charges, it’s essential to understand what lies ahead. Hiring an experienced Orlando criminal defense attorney can help you explore defenses in your case.
Burglary
Many people think of burglary as stealing. However, in Florida, burglary simply means entering another person’s property with the intent to commit a crime, whether or not the crime involves theft. For example, entering a home and committing battery can lead to a charge of Burglary of a Dwelling with Assault or Battery, a felony punishable by life. The key factor is whether you intended to commit a crime when you entered the property.
Structure vs. Dwelling
The type of property you entered matters. If the space has a roof and is designed to house people overnight, it’s considered a dwelling. Otherwise, it’s classified as a structure.
Armed vs. Unarmed Burglary
You don’t have to start with a weapon to be charged with armed burglary. Picking up a weapon during the burglary counts as being armed, even if it’s not loaded. For the weapon to qualify as dangerous, it must be capable of causing death or serious harm.
Lesser Included Offenses
If the evidence doesn’t fully support charges of Armed Burglary or Burglary with Battery, the State may still pursue lesser offenses, like simple trespass, assault, or misdemeanorbattery. Lesser charges can sometimes work in your favor at trial, giving the jury a middle ground if they’re not convinced of the highest charge.
Burglary of a Conveyance or Structure (Unoccupied)
Breaking into an empty building or vehicle with intent to commit a crime is classified as a third-degree felony.
– Crime Level: 3rd-degree felony
– Typical Outcome: Probation, community service, impulse control course
– Max Penalties: Up to 5 years in prison or probation, $5,000 fine
– Defenses: No criminal intent, mistake, permission to enter
Burglary of a Conveyance or Structure (Occupied)
If someone is present during the break-in, the charge rises to a second-degree felony. Florida law considers this more serious, as it threatens the resident’s sense of security.
– Crime Level: 2nd-degree felony
– Typical Outcome: Jail time, probation, community service
– Max Penalties: Up to 15 years in prison or probation, $10,000 fine
– Defenses: No criminal intent, mistake, permission to enter
Entering a structure or vehicle and committing battery is a serious crime in Florida, often charged as a first-degree felony. This offense is punishable by life in prison, and bail may not be available.
– Crime Level: 1st-degree felony, punishable by life
– Typical Outcome: Jail and probation, anger management course
– Max Penalties: Life in prison, $15,000 fine
– Defenses: Self-defense, no intent, necessity
Robbery
Robbery involves taking someone’s property using force or fear, making it more violent than burglary. It’s not only a form of theft but also a serious crime that carries severe penalties.
– Robbery with a Weapon: This applies when an object is used that could cause death or serious harm.
– Robbery with a Deadly Weapon: This involves a weapon likely to cause serious harm or death.
– Robbery with a Firearm: Committing robbery with a gun, even if it’s unloaded.
Robbery by Sudden Snatching
Sudden snatching means taking someone’s property by surprise.
– Crime Level: 3rd-degree felony
– Typical Outcome: Probation, community service, anger management
– Max Penalties: Up to 5 years in prison or probation, $5,000 fine
– Defenses: No intent, mistake, consent
Carjacking
Carjacking, or taking a vehicle by force or threat, is aggressively prosecuted in Orlando. This crime is a first-degree felony, with prison time likely in any conviction.
– Crime Level: 1st-degree felony
– Typical Outcome: Prison time, probation, anger management
– Max Penalties: Up to 30 years in prison or probation, $10,000 fine
– Defenses: Consent, no criminal intent
Each case outcome can vary, depending on the specifics, and these descriptions should not be considered guarantees. The right defense strategy can make a significant difference, so consult with an experienced defense attorney who understands the local court system.
At Fighter Law, all of our attorneys are experienced and ready to fight for you. Give us a call and we’d be happy to give you the benefit of our experience.
Here is the bottom line when it comes to these types of cases:
In Florida, a criminal defense attorney vigorously defends clients accused of burglary and carjacking by scrutinizing every aspect of the case, from the initial arrest to the prosecution’s evidence. Defense strategies often involve challenging the legality of the search or seizure, questioning eyewitness reliability, and disputing any alleged intent to commit a crime. In cases of carjacking, attorneys focus on whether force or intimidation was actually used, as Florida law defines carjacking as taking a vehicle by force, violence, assault, or fear. For burglary charges, defense lawyers examine whether the alleged entry was lawful or if the client intended to commit a crime inside the property. With these meticulous strategies, a skilled criminal defense attorney aims to protect the client’s rights and seek dismissal or reduction of charges where possible.
Can it be burglary in Florida if I was allowed on the property?
In Florida, you can still be charged with burglary even if you were initially allowed on the property, depending on what happened after you entered. Florida law defines burglary as entering or remaining on someone else’s property with the intent to commit a crime inside, regardless of whether you initially had permission to enter. Here’s how this works:
1. Permission Revoked or Exceeded: If you entered with permission but then overstayed or moved to a restricted area (such as entering a locked room or area without permission), it could be considered burglary if you intended to commit a crime in that area.
2. Intent to Commit a Crime: Even with permission to be on the property, you could face burglary charges if you entered with the intent to commit a crime or committed a crime after entering. For instance, if you were invited into someone’s home but then stole something, the act could be prosecuted as burglary.
3. Remaining with Criminal Intent: If you were initially allowed to enter but later decided to commit a crime and stayed on the property to do so, Florida law may interpret this as burglary.
Florida Statutes §810.02 describes burglary as unauthorized entry or remaining with criminal intent, which courts interpret to mean that even if initial entry is permitted, any change in behavior or intent may lead to a burglary charge.
So don’t think you can’t be charged with burglary just because someone said you could come into their house or go into their apartment or place of business!
