Crimes that fall under the category of theft, robbery and burglary all require the Commonwealth to prove the actor’s intent. In theft cases, not only must it be proven that the person charged was the one who took the item, but that he intended to permanently deprive the owner of it. In burglary cases, it must be proven that at the time the accused entered into the home or building, he had the intent to commit a crime. It is not enough to simply show that a crime (such as a theft or simple assault) occurred inside the premises. In many cases, there are non-criminal reasons to be inside someone else’s property. If the Commonwealth cannot exclude those possibilities then they cannot prove the crime of burglary.
The offenses of burglary and robbery are felonies but vary in degree depending on the facts and circumstances of each case. If a deadly weapon, such as a gun, is used there is a mandatory minimum sentence of five (5) to ten (10) years of state incarceration required by law if convicted. Believe it or not, the gun does not even need to be recovered to face this penalty.
The Fishman Firm also handles all similar theft offenses, including:
- Shoplifting or Retail Theft
- Car theft or car jacking
- Receiving stolen property
- Identity theft
- Armed robbery
- Writing bad or fraudulent checks
- Credit card theft
- Trafficking stolen goods
- Mail fraud
- Insurance fraud
Because every case is fact-specific, felony and misdemeanor theft and robbery charges require a knowledgeable and aggressive defense. Brian M. Fishman is a Philadelphia robbery lawyer who has secured numerous acquittals for people accused of theft, robbery and burglary offenses.