Although most Floridians think of burglaries as someone entering a stranger’s home to steal valuables while the owner is away, you can be charged with this crime in a variety of situations. If you enter LEGOLAND lawfully, but hide at closing, which rescinds your lawful status, you can be charged with burglary if you intend to commit a crime. If you break into an abandoned warehouse and light a fire, you could be charged with burglary. And if your roommate evicts you, but you return and break in to reclaim joint property, the Belle Isle Police Department can charge you for burglary.
As diverse as these circumstances are, burglaries are still felonies. A conviction leads to the loss of your freedom, and could affect relationships with friends and family. Employers will harbor mistrust, and you can lose scholarships, be denied loans, and lose the right to own a firearm. Instead of letting an arrest spiral out of control toward a conviction, call a Belle Isle burglary lawyer now.
According to Florida Statutes § 810.02, burglary occurs when a person enters a conveyance, home, or building to commit a criminal offense. If you have a right to be in the building, an element of burglary is not met, but other charges, such as theft, could be considered.
For burglary charges to stick, the perpetrator must intend to commit a crime or forcible felony. Under Fla. Stat. § 776.08, a forcible felony is a crime of violence or includes threats or force against another person, such as assault, home invasion, sexual battery, and murder.
Burglary charges are serious, because convictions mean prison time, monetary fines, community service, and probation. Even the least severe burglary charge, the third degree, can land a person if convicted in prison for up to five years. A Belle Isle burglary attorney can use numerous tactics to negotiate a lesser charge, get the charges dismissed, or passionately defend clients before a jury.
Third degree burglary charges involve defendants who enter an unoccupied building or conveyance, are not carrying weapons, and do not engage in violence. Despite these factors, along with up to five years in prison, you can be fined up to $5,000. The prosecutor can also decide to charge you with a second-degree felony for burglary with no violence involved, and even if you are unarmed, if one or more of the following are true:
Second-degree felonies come with prison time of up to 15 years and up to a $10,000 fine. The judge has the discretion to levy either or both.
First-degree felony burglaries are committed by entering a home or building with weapons while subjecting someone else to violence, along with the use of a vehicle with the intent to cause damage, or actually causing more than $1,000 in damages. Those convicted will face up to 30 years in prison, a fine of up to $10,000 or any combination the judge orders. To ensure the best outcome in a Belle Isle burglary, consult a tenacious defense lawyer to protect your rights and work tirelessly to exonerate you.
You are entitled to representation by a competent attorney if you are accused of a crime and your freedom is at risk. Our attorneys have successfully defended others in your situation. We review all pertinent evidence to present a strong defense, and our goal is to refute the prosecutor’s evidence that you are the burglar, beyond a reasonable doubt.
Belle Isle Police or Orange County deputies may have violated your constitutional rights if they did not follow proper procedure when searching you, your home, or your vehicle. You may have been granted permission to be on the premises you are accused of burglarizing, or you may have an alibi, and a witness mistook you for the burglar. It is critical that, once you are arrested, you call a burglary attorney to begin advocating for you now.
America has always been a champion of the sanctity of one’s property. When someone’s property is the target of burglars, the government makes punishment for burglary incredibly harsh. Just because you are accused does not mean you are guilty. Our criminal defense attorneys have the skills and knowledge meant to alleviate the burden of defending yourself.
Our team looks for concrete ways to exonerate you. When the prosecutor presents evidence against you, we attempt to cast the doubt needed for a not-guilty verdict. If law enforcement arrests you after finding you in a structure without permission, call a Belle Isle burglary lawyer immediately to build your defense.
The Umansky Law Firm Criminal Defense & Injury Attorneys
