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Pumphrey Law Blog

Category: Theft/Property Crimes

What Counts as a Firearm in Florida Grand Theft of a Firearm Cases?

August 28, 2025 Criminal Defense, Theft/Property Crimes

It is commonly believed that the distinction between grand theft and petit theft in Florida is that grand theft occurs when the value of the allegedly stolen or misappropriated property is above $750. However, this goes out the window when it comes to theft of a firearm. Any theft of a firearm in Florida is considered grand theft. But what …

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What is Entering for Purposes of Burglary in Florida?

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary (Fla. Stat. 810.02) is a serious felony offense. It involves someone illegally entering or remaining a dwelling, structure or conveyance with the intent of committing a separate crime therein. Depending on the facts of the case, burglary charges range from a third-degree felony (up to 5 years in prison) to a first-degree felony punishable by life in …

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Can Intent to Commit a Separate Offense Be Inferred in a Florida Burglary Case?

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary (Fla. Stat. 810.02) is an extremely serious felony offense. In addition to entering or remaining unlawfully within a dwelling, structure or conveyance, a key element of burglary is that the defendant must have had the intent to commit a separate crime once inside. In many burglary cases, there is only circumstantial (indirect) evidence that the defendant intended …

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How Challenging Property Value Can Reduce Criminal Mischief or Theft Charges in Florida

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, criminal mischief and theft can either be charged as a felony or a misdemeanor. Criminal mischief (Fla. Stat. 806.13) occurs when someone willfully and maliciously damages the property of another. It is also commonly referred to as vandalism. Theft (Fla. Stat. 812.014) occurs when someone obtains, uses, or attempts to obtain or use the property of another for …

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Lesser-Included Offenses of Burglary in Florida

August 28, 2025 Criminal Defense, Theft/Property Crimes

If someone is charged with burglary (Fla. Stat. 810.02) in Florida, they will quickly realize this is a very serious felony offense. Thus, it is important to understand lesser-included offenses – as requesting an instruction on a lesser-included offense at trial may lead to someone avoiding a conviction for burglary (and instead being found guilty of misdemeanor trespass, or nothing …

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Robbery vs. Burglary in Florida

August 28, 2025 Criminal Defense, Theft/Property Crimes

In Florida, robbery (Fla. Stat. 812.13) and burglary (Fla. Stat. 810.02) are similar yet distinct offenses. Though these are sometimes thought of interchangeably, robbery and burglary have distinct elements, potential penalties, and defenses. This blog will explore the similarities and differences between robbery and burglary. Robbery in Florida Robbery involves taking money or property from another person or their immediate …

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Burglary vs. Theft in Florida: What to Know

August 26, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary and theft are two similar yet distinct offenses. Burglary involves unlawfully entering or remaining in a dwelling, structure or conveyance with the intent to commit an additional crime therein. Theft involves knowingly obtaining or using (or attempting to do so) the property of another with the intent to permanently or temporarily deprive them of it. Though they …

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Grand Theft vs. Petty Theft in Florida: What to Know

July 29, 2025 Criminal Defense, Theft/Property Crimes

In Florida, grand theft and petit (petty) theft are two separate but distinct offenses. The difference between them lies primarily in how they are punished and the value of the property required to be stolen (Fla. Stat. Section 812.014).  However, in some circumstances, most people may believe they are committing petit theft – but this is actually grand theft punishable …

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Defenses to Possession of Burglary Tools in Florida

July 18, 2025 Criminal Defense, Theft/Property Crimes

In Florida, burglary is considered a very serious felony. But a lesser-known offense than (and lesser-included offense of) burglary is possession of burglary tools (Fla. Stat. Section 810.06) – which is itself a very serious felony.  If someone is charged with possession of burglary tools in Florida, this may initially seem like a hopeless situation. However, there are many defenses …

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