In Florida, a person does not commit a crime by being present when someone else commits the crime and knowing the crime was committed. However, a person can be guilty of a crime if he/she did not actually commit the crime but assisted the perpetrator during or after the crime.…
Articles Posted in Theft Crimes
Abandoning Stolen Property Can Be a Defense in a Robbery Case in Florida
In Florida, a person can be convicted of theft, which can be a felony or misdemeanor charge, depending on the value of the item stolen, if he/she takes the property of another with the intent to deprive that person of the property. The intent can be to permanently take the…
What is Sufficient and Reasonable Suspicion to Stop a Suspect for Burglary in Florida?
That question is too general to answer because it really depends on the circumstances of each case and what specific evidence the police officer has before he/she conducts a stop of a suspect. In our last blog entry, we discussed a case where a person was driving slowly and stopping…
Defendant in Florida Can Be Convicted of Burglary of Dwelling Even for Empty Building Under Renovations
In Florida, burglary of a dwelling is a serious felony crime. The crime of burglary of a dwelling is committed when a person enters or remains in a dwelling with the intent to commit a crime therein. Burglary of a dwelling is normally considered much more serious than burglary of…
In Florida To Convict a Person of Theft, State Must Prove Intent to Steal When Property is Taken
It seems obvious, but to prove a theft case in Florida, the state has to prove that the defendant intended to steal the property at the time he/she took the property. This is fairly obvious in most theft cases, but it can become a problem for the state when a…
Florida Court Cannot Give a Defendant a Higher Sentence if He/She Cannot Pay Restitution
In theft cases in Florida, restitution is usually a critical issue. Restitution is the term the defines the amount of money (or the value of the stolen item(s)) that needs to be repaid to compensate the victim. Whenever a defendant pleads guilty to a theft or fraud crime, or gets…
In Florida, Using an Anti-Shoplifting Device Can Turn a Petit theft Charge Into a Felony
In Florida, the crime of petit theft involves taking the property of another without authorization and without threats or force. If the value of the property is less than $300, it is a misdemeanor crime. A misdemeanor petit theft conviction is not extremely serious, but it can result in jail…
Defendant Convicted of Robbery Even When Victim Not in Fear of Violence
In Florida, robbery is a serious felony offense that occurs when a person takes the property of another by the use of force, the threat of force, violence or putting the victim in fear of violence. Robbery is a second degree felony in Florida if no firearm or other weapon…
In Burglary Case in Florida, State Has To Prove Defendant Did Not Have Permission to Enter
In Florida, burglary is a very serious felony crime. Generally, a burglary is committed by entering some structure with the intent to commit a theft or some other crime inside. A person does not need to actually go all the way into the structure to commit the crime of burglary.…
Entering A Building By Just a Few Inches Can Be a Burglary
In Florida, it is a burglary to enter a dwelling with the intent to commit a theft or felony therein. A dwelling is not just a residence, but can be any number of structures or vehicles. A person does not have to actually go all the way into the structure.…