Burglary Attorney Attorney
Burglary in Florida is a felony offense. Bonds are usually high and the prosecutors and judges take these charges seriously. Under Florida Statute 810.02, the definition of burglary is “entering or remaining in a building or structure with the intent to commit a crime.” Burglary has a bad stigma attached to it and can have considerable penalties. Fortunately, there are many strategies to avoid these penalties if you take the charge seriously. The goal after every burglary arrest is to keep your record clean and avoid jail.
What Are the Different Kinds of Burglary Under Florida Law?
In Florida, there are different categories of burglary. So, if you are facing burglary charges, a Florida court will try you for one of these types:
- Burglary of a conveyance – Burglary of conveyance is also known as “auto burglary” but is not limited to vehicles. This is when someone enters or damages a movable structure intending to commit a crime. The intended crime is most commonly a theft crime. Burglary of a conveyance is the most common type of burglary charge. It is often committed by kids and teens who are looking to rummage through unlocked cars. Burglary, or attempted burglary, of an unoccupied conveyance, while unarmed, and without assault or battery is a third-degree felony.
- Burglary of structure – a structure is any building that is not a residential building. Some examples are convenience stores, gas stations, and department stores. Stealing the cash in the register at a grocery store would be a burglary of a structure. Burglary of an occupied structure while unarmed and without assault or battery is a second-degree felony, according to Florida’s criminal punishment code. Burglary, or attempted burglary, of an unoccupied structure while unarmed, and without assault or battery, is a third-degree felony charge.
- Burglary of a dwelling – Dwelling burglaries are when you commit burglary in a home or someone’s residence. Since this arguably puts the victim in more direct danger, it’s a more serious offense. As a result, burglary of a dwelling also poses more severe penalties.Burglary of a dwelling, whether occupied or unoccupied, is classified as a second-degree felony. Furthermore, burglary of a dwelling or structure causing structural damages or property damages exceeding $1,000 is considered a first-degree felony.
- Burglary with assault, battery, or armed burglary – This is when the burglary involves threatening behavior (assault) or non-consensual physical contact (battery). Burglary with assault and battery is a first-degree felony offense punishable up to life. While this sounds scary, most of these charges involve people involved in road rage. These incidents are often overcharged by the police and can be negotiated down.
What Is the Difference Between Burglary and a Robbery?
Burglary and robbery seem similar but in the legal system are two different charges. Both Burglary and robbery are crimes that involve violating the property of another person without their consent.
Robbery is a forcible crime and depending on the circumstances, is a more severe offense than burglary. Burglary is entering a conveyance, structure, or dwelling without the owner’s consent and intent to commit a crime.
However, according to Florida Statute 812.13, robbery is unlawfully taking another person’s property or money while inducing fear, violence, assault, or force on the victim. As such, robberies involve force and aggression on the perpetrator’s part.
What Penalties Could I Face for Burglary in Florida?
Here are the possible penalties you could face for each type of burglary charge:
- Burglary of conveyance
- A fine of up to $5,000
- Punishable by up to 5 years of prison or five years of probation.
- Burglary of an unoccupied structure
- A penalty of up to $5,00
- Prison time or probation of up to 5 years.
- Burglary of an occupied structure
- A fine of up to $10,000
- up to 15 years in prison or 15 years probation.
- Burglary of a dwelling
- A fine of up to $10,000
- Prison time or probation of up to 15 years.
A burglary charge on your criminal record will haunt you. It stays on your record forever. As a result, you could lose employment opportunities or even prevent you from passing a rental background check.
A Florida Burglary attorney will be able to advise you about a strategy to defend the case and minimize the consequences.
Why Do I Need to Hire a Florida Burglary Attorney?
A Florida burglary attorney can assess your case can help defend you by:
- Evaluating your case
- Looking for defenses
- Identifying any mistakes by the police
- Determining whether police violated any of your rights during the process
- Find out if your fingerprints were found at the crime scene
- Potentially disprove any circumstantial evidence against you
- Argue any weaknesses in the prosecution’s argument
Contact a Florida Burglary Attorney Today
For over 60 years, our firm has defended countless people accused of burglary. If you face burglary charges in Florida, our Florida Burglary attorneys can help. We will do so during your initial, no-obligation consultation, so you have nothing to lose from calling us. Regardless of the allegations, we are here to protect you.
Contact us today to schedule a free consultation or call (727) 381-2300.
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