Burglary and Theft Charge or Arrest?
There are many variations that occur within the realm of burglary or theft, and if you've been arrested in Tampa or the surrounding areas and charged with such a crime, there are several facts you need to understand as you prepare for your defense. Below is a brief explanation of the burglary/theft laws in Florida and how you should proceed in regards to enforcing your rights.
Florida Burglary Statute
The Florida burglary statute states that a person is guilty of burglary by:
- Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
- Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
- Surreptitiously, with the intent to commit an offense therein;
- After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
- To commit or attempt to commit a forcible felony
Burglary is a felony in Florida, and this means that prison terms can include a number of years up to life in prison, depending on the surrounding facts.
Florida Theft Statute
The general definition of theft in Florida describes a theft as:
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property.
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
There are several different degrees of theft and grand theft. The degree is based on what was taken and/or the value of the item taken. Petit Theft is typically a misdemeanor punishable by jail time. Grand Theft is a felony which carries prison time.
What Should You Do if Arrested?
If you've been arrested for burglary/theft in the Tampa Bay area or the surrounding areas, you need to contact a Tampa Bay criminal defense attorney from Fluke, Palma & Seiden immediately. You only have a certain amount of time to put a strategy for your defense in place, as the legal process starts quickly after your arrest. You can expect to have a "First Appearance" before a judge as soon as the morning following your arrest. Every aspect of the legal process is crucial, and every mistake that's made can do serious damage to any criminal defense. You have only your freedom to lose, so contact us today.
Begin your case review by filling out the form below or call us at 1-866-669-3909
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