When one enters into a structure, conveyance, or dwelling without the permission of the owners, occupants, or residents for the purpose of committing any crime, they may be charged with the criminal offense of burglary.
To be charged with burglary, it is not required that the alleged offender physically performs a breaking and entering; the accused may simply trespass through an open door.
Burglary offenses are typically committed when there are no potential victims or eye-witnesses present in the structure. The difference between being charged with criminal trespass or burglary is that in a burglary, evidence must exist that:
A crime was committed during the course of the burglary; or
There is evidence that there was intent to commit a crime at the time of the burglary.
Law Enforcement and prosecutors will aggressively seek out any evidence which supports a burglary charge, and therefore it is extremely important to protect your legal rights by obtaining the advice and representation of experience legal counsel as soon as possible.
Due to the subjective nature in many burglary cases as to the existence a crime being committed, or intent to commit a crime while in the structure or dwelling, seeking experienced legal counsel is extremely important in protecting rights and freedoms.
A Robbery occurs when an individual or group of people takes money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
Additional criminal offenses may be charged in addition to a Charge of Robbery. An act shall be deemed “in the course of committing the robbery” if additional criminal acts occur in an attempt to commit robbery or in flight after the attempt or commission, or if the additional criminal acts occur either prior to, contemporaneous with, or subsequent to the taking of the property and if other criminal offenses and the act of taking constitute a continuous series of acts or events.
In the State of Florida, there are various forms of Criminal Robbery:
Robbery: According to Florida Statute Chapter 812.13, the Criminal Act of Robbery is defined as the criminal act of taking money, property, or assets from an individual or the custody of another with intent to either temporarily or permanently deprive the individual or owner of the money or property by use of force, violence, assault, or instilling fear of physical harm of the victim or those associated with the victim.
Second Degree Felony Robbery: Robbery without the use of a deadly weapon or firearm during the commission of the criminal act.
First Degree Felony Robbery: Robbery with the use of a deadly weapon or firearm during the commission of the criminal act.
Grand Theft v. Petit Theft
In the State of Florida, there are two types of Criminal Theft:
Grand Theft: According to Florida Statute 812.014, the offense of grand theft occurs when a person knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property, and/or appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. In order to be charged as grand theft the value of the property or assets must be greater than $300.00.
Petit Theft: According to Florida Statute 812.014, theft occurs when an individual knowingly and intentionally obtains or uses, or endeavors to obtain or to use the property of another with the intent of either temporarily or permanently depriving the rightful owner of the property to possess, use or benefit from the property. It is also considered theft if the individual who illegally confiscated the property did so to appropriate the property for their own personal or commercial, or the use and benefit of any other unauthorized person or persons. Petit Theft involves property or assets less than $300.00 in value.
In order for the prosecution to obtain a conviction for a theft crime, proof of a taking with the intent to steal must be proven beyond a reasonable doubt. If your defense attorney can show that you had a good faith belief in the right to the property it may warrant the charges to be dropped or dismissed. Additionally, the value of the property must meet the value standards of at least $300.00 at the time the property was allegedly stolen for a grand theft conviction.
The value of that which was allegedly taken must be what the value was the day it was allegedly taken, not the retail price the alleged victim paid when he or she originally purchased the items in question.
In general, Fraud may be described as intentional acts of deception through misrepresentation of facts by one or more individuals for the purpose of financial gain, to obtain benefits which they are otherwise not entitled, to deprive others of their property or assets, or to receive other types of privileges, compensation, or services which the accused would not have received if the true facts were disclosed.
There are various forms of Criminal Fraud, including but not limited to:
Health Care Fraud;
Computer / Internet Fraud;
Pharmaceutical Crimes; and
Other forms of Fraud involving investment in Businesses, Property and Development Projects.
Fraud cases are aggressively prosecuted, especially when a Government Agency is involved.
In order for the prosecution to obtain a conviction for a criminal fraud charge, they must prove beyond a reasonable doubt that you intentionally and knowingly provided false information or intentionally and knowingly omitted information for the purpose of obtaining that which the accused was not legally eligible to receive.
Fraud crimes may be tried in either State or Federal Court. However it is important to know that in Federal Court, the burden of proof for the prosecution may sometimes be less for a conviction than if the case is tried in State Court.
Criminal fraud cases present uniquely complex issues which are often best served with the legal assistance and guidance of experienced legal counsel.
White Collar Crimes
White collar crimes, sometimes referred to as "professional crimes", are illegal activities which typically involve the use of technology, actions to defraud organizations, institutions, or others for financial gain. Professional white collar crimes are illegal activities that typically do not include physical violence. When charged with a white collar crime you should take it very seriously, and consult with an experienced criminal defense attorney immediately.
Being convicted of a professional white collar crime can be catastrophic to you personally, professionally, and financially. As new behaviors are identified, professional white collar crimes are an ever-changing field with new laws being written to include these new behaviors. White collar crimes are aggressively prosecuted and are often tried in federal court.
Types of White Collar Crimes include, but are not limited to:
Computer / Internet Fraud;
Counterfeiting / Forgery;
Import / Export Crimes;
Depending on the circumstances, level of involvement, and type of White Collar Crime an individual is charged with they may be facing either misdemeanor or felony criminal charges. The type of White Collar Crime may also determine if the accused is to be tried in State or Federal Court.
It is important to be aware that in order to obtain a conviction, the burden of proof for Federal Prosecutors is less than that of State Prosecutors. In State Court the accused must be found to be guilty beyond a reasonable doubt. In Federal Court, a small amount of doubt may exist by the jury to achieve a conviction.