Property Offenses
Theft Crimes and Burglary
Theft and property offenses often turn on intent, permission, identity, value, and what the evidence actually proves.
Theft and property crime charges, examined item by item.
Defense for grand theft, dealing in stolen property, retail crimes and burglary allegations.
These cases often turn on identification, surveillance footage, valuation and what the State can actually prove about intent.
Orientation
Understanding the charge or proceeding
Theft and burglary are not interchangeable. Theft concerns knowingly obtaining or using another person's property with the required intent. Burglary focuses on entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense there under circumstances defined by Florida law. A burglary allegation does not require proof that property was successfully taken.
Under section 812.014, property valued below $750 will generally fall within petit-theft classifications unless the property type or another statutory circumstance changes the result. Grand theft in the third degree generally begins at $750; property valued at $20,000 or more but less than $100,000 generally falls within second-degree grand theft; and $100,000 or more generally falls within first-degree grand theft. Certain types of property and circumstances are classified differently regardless of ordinary market value.
Valuation method, aggregation, damage, emergency conditions, the status of the person alleged to have been deprived, prior history, and the nature of the item can each change that analysis.
For current offenses, section 810.02 generally addresses entering a dwelling, structure, or conveyance with intent to commit an offense inside when the premises are not open to the public and the person is not licensed or invited to enter. It can also cover particular forms of remaining after an invited entry. Classification changes based on whether the location is a dwelling, structure, or conveyance; whether it is occupied; whether a weapon, assault, battery, or specified damage is alleged; and other statutory circumstances.
Scope
Matters this area can include
Petit theft and grand theft
Retail theft allegations
Motor-vehicle and firearm theft
Dealing in stolen property
Burglary of a dwelling, structure, or conveyance
Occupied-location allegations
Burglary with a weapon, assault, battery, or damage
Trespass
The Burden
What must be established
For theft: that the person knowingly obtained or used, or endeavored to obtain or use, property of another.
For theft: the intent the statute requires — to deprive the other person of the property or a benefit from it, or to appropriate it to an unauthorized use.
For theft classification: the value of the property, or a statutory property category that controls regardless of market value.
For burglary: entering, or remaining in a described manner, in a dwelling, structure, or conveyance.
For burglary: that the entry or remaining was without license, invitation, or authorization, and with intent to commit an offense inside.
For any enhancement: the occupancy, weapon, assault, battery, or damage circumstance that statute requires.
Consequences
What is at stake
In the case itself
Beyond the courtroom
The Record
Evidence and issues counsel may examine
Ownership, permission, authorization, access rights, and whether consent was withdrawn.
Intent at the time of entry or taking; mistake, claim of right, return, or later conduct does not answer that question by itself.
Video quality, timestamps, facial or vehicle identification, loss-prevention reports, eyewitness procedure, and missing footage.
Receipts, point-of-sale data, inventory systems, serial numbers, resale listings, messages, and digital account attribution.
The valuation method, condition, fair-market value, aggregation, and whether a special statutory property category applies.
Fingerprints, DNA, toolmarks, cell-site or location information, access-control logs, and chain of custody.
The legality of the detention, search, seizure, interview, or warrant execution.
The Approach
How the firm handles these matters
Examination of identification evidence, surveillance and loss-prevention records.
Review of how property value and intent are being established.
Testing of the search, seizure and statements that produced the case.
Sequence
How the process may unfold
Report and internal investigation
A retailer, employer, or property owner compiles video, loss records, and a written account before law enforcement is involved.
Law-enforcement investigation
Officers collect the private evidence, attempt identification, and may seek an interview or a warrant.
Arrest or notice to appear
Depending on the classification and circumstances, a case may begin with an arrest or with a notice to appear.
Charging decision and valuation
The prosecutor decides the degree to file, which depends on the valuation theory as much as the underlying conduct.
Discovery, motions, and negotiation
The defense tests identification, valuation, intent, and the lawfulness of the search or detention.
Resolution
Dismissal, negotiated disposition, diversion where a program exists and the person qualifies, or trial.
Inquiry
Questions that can shape the defense
Is the identification actually reliable, or does it rest on low-quality video and an assumption?
Does the valuation reflect fair-market value at the time, or a replacement or retail figure that inflates the degree?
Was there permission, an ownership dispute, or a claim of right that the report never explored?
For a burglary allegation, what evidence establishes intent at the moment of entry?
Was the detention by store personnel within the limited statutory authority Florida grants merchants?
Does the digital attribution evidence actually connect this person to the account or the listing?
Practical Steps
What to do now
Questions & Answers
Frequently asked questions
What is the difference between theft and burglary?
Theft centers on property and intent to deprive or appropriate. Burglary centers on unlawful entry or specified unlawful remaining with intent to commit an offense inside.
Does burglary require breaking a door or window?
Not necessarily. The statutory questions concern entry or remaining, permission, the type of place, and intent.
Does burglary require that anything be stolen?
No. The alleged intended offense need not be completed for a burglary charge to be filed.
When does theft become a felony?
Value is important, but property type and statutory circumstances can also control. Under the ordinary current framework, grand theft generally begins at $750.
Can a misunderstanding or ownership dispute matter?
Yes, because knowledge, authorization, ownership, and intent can be central. The legal effect still depends on admissible evidence.
Can store security detain someone?
Florida law gives merchants limited statutory authority under specified circumstances. The lawfulness and manner of the detention can still be examined.
What evidence should be preserved?
Receipts, messages, photos, listings, ownership records, location history, access permissions, witness information, and the condition or value of the property.
Related Resources
Useful while your case is pending
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