People in Florida are generally aware that taking another individual’s property without permission is illegal, but they often lack an understanding of the precise acts an individual may be charged with for stealing or otherwise depriving a person of property. For example, many people think of burglary as involving theft, when in actuality, there is a substantial difference between theft and burglary in Florida. If you being investigated for or accused of committing a crime, it is smart to meet with a capable Clearwater criminal defense lawyer to evaluate your potential defenses.
What’s the Difference Between Theft and Burglary in Florida?
Pursuant to Florida law, burglary is the act of entering a building with the intent to commit a criminal act inside, unless the property is open to the public or the defendant was invited or is licensed to enter. Notwithstanding entrants that are invited or licensed, it also constitutes burglary to secretly remain in a building or stay after permission to remain has been withdrawn, with the intent to commit a crime, or to stay to commit or attempt to commit a forcible felony. While burglary may involve theft, stealing property is not a statutory element of the offense.
A person that knowingly uses or obtains, or attempts to use or obtain someone else’s property with the intent to deprive the person of his or her property rights or benefits, or appropriate the property for his or her own use, commits theft. Such acts constitute theft regardless of whether the offender intends to temporarily or permanently take the property. Continue Reading ›