Fort Lauderdale Theft Burglary Robbery Lawyer
Theft, burglary, and robbery arrests fall under the category of property crimes in Broward County. Property crimes are taken very seriously by law enforcement in the State of Florida and any allegation of a property crime should be understood by the accused as equally serious. Our firm successfully defends clients charged with property crimes ranging from misdemeanors to first degree felonies punishable by life in prison. If you have been arrested for a property crime, call our office now to schedule your free consultation with a Fort Lauderdale criminal lawyer, (954) 256-1464. In the event you would like to read more and understand the basics of common property crimes charged in South Florida, we have created an easy to understand outline of property crimes:
Definition of Theft
Under Florida law, theft is knowingly obtaining or using the property of another person with the intent to, either temporarily or permanently, deprive the person of a right to the property.
Definition of Burglary
Burglary is understood as entering a dwelling or structure, without permission or legal right, with the intent of committing a crime.
Definition of Robbery
A robbery takes place when someone takes the property of another with the intent to deprive them of the property where there is the use of force, violence, or assault.
Common Property Crimes Charges, include:
- Petit Theft
- Grand Theft
- Armed Robbery
- Robbery by Sudden Snatch
- Burglary of a Structure
- Burglary of a Dwelling
- Burglary of a Conveyance
- Burglary with a Battery
Defending a Property Crime Arrest
Meet with a criminal defense attorney and discuss your case because you may be unaware of defenses to your theft, burglary, or robbery case. No case is hopeless and there is always more than one possible outcome to any criminal case. The first defense to consider is permission, also known as consent or invitation. In the case of burglary, if the accused had permission to be in the dwelling or structure, then the State Attorney’s Office won’t be able to prove a burglary took place.
Always a defense is mistaken identity. After questioning by a skilled criminal attorney, sometimes the witness admits they aren’t positive regarding the identity of the suspect. Another defense related to identity is the lack of proof as to the accused’s identity. The State may have evidence pointing to the accused as the guilty party but not have enough proof to meet the burden of “beyond and to the exclusion of every reasonable doubt.” And in the event the State can’t meet the burden of “beyond and to the exclusion of every reasonable doubt”… you win.
A defense to burglary is a lack of criminal intent to commit a crime when entering the structure of dwelling. Oftentimes this lack of intent reduces a burglary down to a simple misdemeanor trespass, a much less serious charge. For serious enough crimes, the reduction of your original charge to a lesser charge is a big win. Other defenses include insufficient withdrawl of permission to enter or remain; legitimate presence; mistaken belief as to permission; mistaken fact as to whereabouts; and implied permission.
Property Crimes Penalties
Property crimes range from misdemeanors to first degree felonies punishable by life in jail so the range of punishments if convicted varies greatly. Property crimes involving firearms qualify for Florida’s minimum mandatory sentences under the 10-20-life law and should be taken very seriously. Our attorneys have successfully argued against the application of 10-20-life sentencing in previous cases, saving our clients from lengthy minimum mandatory prison sentences.
For low level property crimes such a shoplifting and theft, where the value of items taken is less than $300, offenders can often be placed in diversion programs where they complete an educational program and charges are dismissed later on. Property crimes which qualify as third degree felonies can face penalties ranging from diversion programs to probation. Second and first degree felony property crimes face probation at the low end of the spectrum and likely jail/prison time if found guilty.
Fort Lauderdale Criminal Defense Lawyer
A property crime arrest is enough to damage an otherwise clean criminal record. If you have been arrested for a property crime such as theft, burglary, or robbery you should meet with a defense attorney to discuss your options. The Fort Lauderdale criminal law firm of Pagan & Stroleny, P.L. has frequently and successfully defended property crimes cases in Broward County and we want to help. Call our office now to speak with a criminal defense attorney, (954) 256-1464. We understand a property crimes arrest can be embarrassing so we guarantee absolute confidentiality in your private consultation with our attorneys and staff.