Burglary and Theft Defense in Florida

Burglary and Theft Defense in Tallahassee and Throughout Florida

Burglary and theft charges in Florida encompass a wide range of conduct—from shoplifting and petit theft to armed burglary of an occupied dwelling. These offenses carry penalties that can range from a misdemeanor with a small fine to a first-degree felony with life in prison, depending on the circumstances. Florida prosecutors take property crimes seriously, and even a seemingly minor theft charge can result in a permanent criminal record with lasting consequences.


If you are facing a burglary or theft charge in Tallahassee or North Florida, The Law Offices of Anabelle Dias, P.A. provides experienced defense representation for the full range of property offenses under Florida law.


Theft Offenses in Florida (§ 812.014)

Florida defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with the intent to either temporarily or permanently deprive the owner of the property or its value. The severity of the charge depends primarily on the value of the property involved:


Petit Theft

  • Second-degree petit theft: Property valued at less than $100. This is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
  • First-degree petit theft: Property valued at $100 or more but less than $750. This is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.


Grand Theft

  • Third-degree grand theft: Property valued at $750 or more but less than $20,000, or certain specified items regardless of value (such as a firearm, motor vehicle, fire extinguisher, or stop sign). This is a third-degree felony, punishable by up to 5 years in prison.
  • Second-degree grand theft: Property valued at $20,000 or more but less than $100,000. This is a second-degree felony, punishable by up to 15 years in prison.
  • First-degree grand theft: Property valued at $100,000 or more, or property that is a semitrailer deployed by law enforcement. This is a first-degree felony, punishable by up to 30 years in prison.


Retail Theft (Shoplifting)

Retail theft is one of the most common theft charges in Florida. It involves the taking of merchandise from a retail establishment without paying the full purchase price. Retail theft is charged under the same theft statutes and carries the same penalties based on the value of the merchandise. A second or subsequent conviction for petit theft is elevated to a felony, regardless of the value of the property taken.


Burglary Offenses in Florida (§ 810.02)

Burglary in Florida is defined as entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside. It is important to understand that burglary does not require theft—entering a building with the intent to commit any crime (including assault, vandalism, or drug offenses) can support a burglary charge.


The severity of the charge depends on the type of building and the circumstances:

Burglary of an Unoccupied Structure

Entering or remaining in an unoccupied structure (such as a closed business, storage facility, or vacant building) with intent to commit a crime is generally a third-degree felony, punishable by up to 5 years in prison.


Burglary of an Occupied Dwelling or Structure

Entering or remaining in an occupied dwelling (home) or structure is a second-degree felony, punishable by up to 15 years in prison. The penalties increase if the defendant made an assault or battery during the burglary.


Burglary with Assault, Battery, or a Dangerous Weapon

Burglary of an occupied dwelling while armed with a dangerous weapon or while committing an assault or battery is a first-degree felony, punishable by up to life in prison. This is one of the most serious property offenses under Florida law.


Burglary of a Conveyance (§ 810.02)

Entering or remaining in a vehicle, vessel, aircraft, or railroad car with the intent to commit a crime is generally a third-degree felony. If the conveyance is occupied, the charge may be elevated.


Related Property Offenses

  • Dealing in stolen property (§ 812.019): Trafficking in or attempting to sell property known to be stolen is a second-degree felony, punishable by up to 15 years in prison.
  • Robbery (§ 812.13): Taking property from another person by force, violence, assault, or putting the person in fear is robbery—a second-degree felony. Armed robbery or robbery causing injury may be charged as a first-degree felony with potential mandatory minimum sentences.
  • Trespass (§ 810.08 / § 810.09): Entering or remaining on property without authorization may be charged as trespass, which can be a misdemeanor or felony depending on the circumstances and whether the property was a dwelling or structure.


Consequences of a Burglary or Theft Conviction

Beyond incarceration and fines, a burglary or theft conviction may result in:

  • A permanent criminal record that affects employment, housing, and professional licensing
  • Restitution orders requiring you to pay back the value of the stolen property
  • Driver’s license suspension (for certain theft convictions)
  • Loss of the right to possess firearms (for felony convictions)
  • Immigration consequences for non-citizens
  • Enhanced penalties for any future theft or burglary charges
  • Difficulty obtaining employment, as theft-related convictions are particularly damaging in job applications


Defense Strategies

The right defense depends on the specific facts. Common strategies include:

  • Lack of intent: Both theft and burglary require proof of intent. If you did not intend to steal property or commit a crime inside a building, the essential element of the charge is missing. Accidental taking, misunderstandings about ownership, or entering a building for a lawful purpose may all support this defense.
  • Ownership or right to possession: If you had a good-faith belief that you owned the property or had a right to possess it, this may be a complete defense to theft.
  • Consent or invitation: If you had permission to enter the dwelling or structure, or a reasonable belief that you had permission, the entry element of burglary may not be satisfied.
  • Challenging identification: In cases based on surveillance footage, witness descriptions, or photo lineups, the accuracy and reliability of the identification may be challenged.
  • Illegal search and seizure: If evidence was obtained through an unlawful search of your person, vehicle, or home, it may be suppressed.
  • Value disputes: In theft cases, the value of the property determines the severity of the charge. The defense may challenge the State’s valuation and argue that the true value falls below a higher threshold.
  • Pretrial diversion: For eligible first-time offenders charged with certain nonviolent property crimes, pretrial intervention (PTI) may be available as an alternative to prosecution. Successful completion of the program typically results in the charges being dropped.


We review video, surveillance records, police reports, and witness statements to identify weaknesses in the State’s case and pursue reductions, dismissals, or alternative resolutions where appropriate.


What to Do if You’ve Been Charged

If you have been arrested or charged with burglary, theft, or any related property offense in Florida, the steps you take now matter. In general:

  • Do not make statements to law enforcement beyond providing basic identifying information.
  • Do not consent to searches of your person, vehicle, or home.
  • Do not attempt to return property or “make things right” without first speaking to an attorney.
  • Save any receipts, text messages, photos, or records that may support your side of the story.
  • Write down the names of any witnesses and your recollection of what happened while details are fresh.



Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We will review the evidence, evaluate every available defense, and work to achieve the best possible outcome for your case.

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