While the term “burglary” is largely associated with theft, this offense applies to anyone that enters a home or structure belonging to another person with the intent to commit a crime. In fact, there is no requirement that the underlying crime is a theft-based offense at all.
If you currently face burglary charges, you deserve a skilled theft defense attorney that is not afraid to fight for you. The right legal counsel will aggressively approach your defense in order to help you secure the best possible outcome. Let a Clermont burglary lawyer review the charges against you and advise you on your defense strategy.
The offense of burglary is governed by Florida Statutes § 810.02. According to this statute, it is unlawful to enter a dwelling, a structure, or a conveyance without permission in order to commit a criminal act. It is helpful to understand that a conveyance is any mobile object with some sort of compartment, like a boat or a train.
There is a question of permission that comes into play in these cases. Generally, a person commits burglary when they enter property without permission in order to commit a crime. However, burglary can also occur when an individual enters a property with permission but then remains there longer than they are allowed. This can happen when a person remains in a place of business after closing hours.
It is possible to build a winning defense in a burglary case but it will be challenging without help. A Clermont attorney could offer the strongest defense strategy in a burglary case.
There are different levels of burglary offenses under state laws. These levels—more commonly known as degrees—carry steeper penalties when certain factors are present in the offense. In total, there are three different degrees of burglary offenses under state law.
Third-degree burglary is the lowest offense and involves the standard definition of burglary. A second-degree burglary occurs when a person enters the property intending the commit theft of a controlled substance – often drugs. First-degree burglary is the most serious offense, and it occurs when a person commits assault or battery during the commission of the crime. Committing burglary while carrying a weapon is also first-degree burglary.
Every burglary offense is treated as a felony under the law. That means a conviction will always carry the potential for more than one year of incarceration. However, the specific sentencing range for each offense varies depending on the degree of burglary charge. The penalties for a conviction for burglary are as follows:
It is important to remember that the penalties that come with burglary cases only come into play when there is a conviction. Avoiding a conviction by winning at trial or negotiating a lesser offense as part of a plea are two options for avoiding a conviction. A Clermont burglary attorney could assist with fighting a conviction for any of these charges.
If you currently face burglary charges, now is the time to explore your defense options. You can count on the state to make aggressive moves to build a case against you. You deserve to be adequately prepared and a criminal defense attorney can help you do just that.
A Clermont burglary lawyer could provide you with the viable defense you deserve. Reach out today to learn more from The Umansky Law Firm Criminal Defense & Injury Attorneys.
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