The term property crime encompasses a wide range of
criminal activity. The prosecution must prove each necessary part of the crime in order to convict the defendant.
Traditionally, burglary was a crime that could only occur at night. More complicated than simply trespassing, the would-be burglar had to actually break into another person's home between sundown and dawn intending to commit a felony within the home - such as a large-scale theft, arson, or
sexual battery. Now, Florida and most other states have expanded the definition of burglary to include crimes that take place during the daylight. The building or structure does not even necessarily need to be a home. For instance, a boat could be burglarized. However, a building that is open to the public, like a grocery store during business hours, cannot be the subject of a burglary. Also, the offense the burglar seeks to commit can be any offense and need not be a serious felony if he enters secretly; if he intends to commit certain felonies, his entry can be blatant. Florida classifies burglary as a felony, although punishment varies depending on factors such as whether the building was occupied and if the burglar was armed.
Theft is the most common type of property crime. Shoplifting goods from a store is a particular type of theft. These crimes are punishable by the worth of the items or money stolen. Usually, this is determined by the actual amount of cash taken or the monetary value of the goods, but certain items receive particularized treatment. The taking of a will, although it is not generally worth large sums of money alone, is considered a grand theft due to the importance of having the true wishes of a deceased person carried out. Similarly, stealing a gun, a fire extinguisher, stop signs, and certain construction site signage are also felonies under Florida law.
Arson is an exceptionally notorious
property crime. It occurs when a person purposely sets fire to a home or any other building that he should have reasonably believed to be occupied, such as an office building during business hours. Arson also applies when the fire is not set intentionally, but occurs when committing another felony, such as armed robbery. Arson is a first-degree felony in Florida, punishable by up to 30 years in prison.
If you have been arrested in Tampa for any property crime or other offense, contact the
criminal defense lawyers as Musca Law as soon as possible for a consultation regarding the specific facts of your case.