![]() A burglary of an unoccupied structure conviction in Florida carries a maximum 15-year sentence. Third-degree felonies, particularly burglary of a conveyance, are punishable by a fine of up to $5,000 and 5 years in prison. Below, is a brief description of first, second, and third-degree burglary and possible sentences a judge can impose on any party found guilty of committing them. The punishments for burglary depends upon the specific burglary charge that has been applied. If you’re facing a grand theft charge in Key West, contact an experience criminal defense attorney today.When convicted of burglary, sentences are imposed by the presiding judge. broken and not functional) it may be a defense against a theft charge, since junk/trash is not property and therefore it cannot be stolen. If you are charged with stealing a firearm that is obviously worthless (i.e. If you took the firearm without knowing it, this may be a good defense to a grand theft charge. In the State of Florida, a theft charge only sticks if there is an intention to steal. For example, if you and your ex-spouse purchased a firearm during your marriage, you might have a claim to ownership-at least partial ownership. If you have part (or whole) ownership in the property that was taken, it could be used as a defense to a theft charge. There are three major defenses to a theft charge. That the defendant knowingly obtained or used, or endeavored to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property and (b) Appropriate the property to the defendant’s own use or to the use of any other person not entitled to the use of the property.įortunately, there are defenses to a theft charge. According to Florida Statue § 812.014, a prosecutor must prove the following: In all theft cases in Florida, the burden of proof is the same. If you’re charge with Burglary for breaking into someone’s home and taking their gun, you could face a Burglary charge and a Third-Degree Felony Charge for Theft Of A Firearm. The Theft Of A Firearm, for example, is considered a third-degree felony in the State of Florida, but it usually is not a standalone crime. Compounded ChargesĬharges could be further compounded by other factors by the commission of other criminal acts, such as Assault or Murder. You could also face any combination of those punishments. ![]() If convicted of Third-Degree Grand Theft, you could face a maximum prison sentence of 15 years, 15 years of probation or a fine of up to $10,000. For the crime of Theft Of A Firearm, the charge is Third-Degree Grand Theft. If convicted of Grand Theft, there is a wide range of punishments you could face depending on the severity of the charge. However, it’s important to know that the theft of a firearm that is worth less than $300 is still considered Grand Theft. Grand Theft is the crime of unlawfully taking property that is worth more than $300. While most theft charges can change in severity according to the value of the property stolen (along with other factors), the theft of a firearm is always considered Felony Grand Theft regardless of the value of the property stolen. If you’ve been charged with theft that involves a firearm, it is always considered a felony. Florida law has different categories of theft, which range from Petit Theft, which is a misdemeanor, to Grand Theft, which is a felony.
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