The individual must not commit assault or battery and must be unarmed.īurglary in the second degree – This has all the same criteria as burglary in the third, however the structure or conveyance must be occupied at the time of the crime. There are three different degrees of burglary that a person can be charged with, including:īurglary in the third degree – This is the least serious burglary charge, and it occurs when someone enters a structure or conveyance, but not a dwelling, that is unoccupied to commit the crime. This could include reaching into a car window to steal something or to strike someone inside the vehicle. Burglary is unlawfully entering a home, a structure, or conveyance (motor vehicle, boat or plane) with the intent to commit a crime therein. What is Burglary, Breaking & Entering, or Home Invasion?īurglary is often associated with the terms “breaking and entering” or “home invasion.” However, as often thought, it is not only breaking into a home. A grand theft of the first degree charge can mean up to 30 years in prison and $10,000 in fines. Grand Theft of the First Degree – The most severe type of theft in Florida is the theft of property valued at $100,000 or any grand theft in which the offender uses a motor vehicle as an instrument of the crime and causes more than $1,000 worth of damage to property. This can carry up to a 15 year sentence and up to $10,000 in fines. Grand Theft of the Second Degree – This generally refers to theft of property valued between $20,000 and $100,000, but can also include the theft of emergency medical or law enforcement equipment valued at $300 or more. Grand Theft of the Third Degree can carry a sentence of up to five years and fines of up to $5,000. – Property valued at greater than $300 and less than $20,000 – Property valued between $100 and $300, taken from in or around someone’s home However, Theft of the Third Degree generally refers to theft of: Grand Theft of the Third Degree – Theft of items such as firearms, commercially farmed animals, wills, or stop signs constitute grand theft of the third degree in Florida. Petit theft is a misdemeanor and carries a sentence of up to one year in jail and a $1,000 fine. For your case to classify as petit theft, the property stolen must be valued less than $300. Petit Theft – This is the lowest level of theft. It is important to understand the specific type of theft you are being charged with in order to better your defense. However, there are many different classifications of theft and each has varying levels of severity and punishment. The law states that a person commits theft when they temporarily, “borrow,” or permanently take or use, or intends to take or use, another person’s property. Under Florida law, theft generally refers to taking or using someone else’s property while having the requirement of criminal intent. The State of Florida recognizes three different types of theft cases including theft, burglary and robbery. When accused of a theft crime, your best option is to choose a lawyer who understands the Florida courts and has experience dealing with these cases.
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