Although most people think burglary is non-violent and only involves taking property when the owner is away, this assumption is not entirely correct. Gaining access to a home and stealing money and valuables is the most common type of burglary, but in Florida, the definition is more expansive.
People convicted of burglary face stiff penalties. Whether you pull off a museum heist or break unarmed into an unoccupied car and abscond with loose change and a laptop, burglary is a felony by degrees. If a law enforcement officer arrests you, or you believe you are being investigated for burglary, contact a Florida burglary lawyer affiliated with The Umansky Law Firm. The sooner you call our defense attorneys, the sooner we can begin working on your defense, which is your constitutional right when your freedom is at stake.
The definition of burglary is codified in Florida Statutes § 810.02. A burglary occurs when a person enters a conveyance or building, including another person’s home, to commit a crime. If the accused has permission to be on the premises, it is not a burglary, unless permission is revoked, including passively, such as when a business closes and someone entitled to be there hides in the bathroom and remains in the building intending to commit a criminal offense or a forcible felony.
While burglary is a forcible felony under Fla. Stat. § 776.08, so is murder, sexual battery, and any other violent felony or one that involves force or a threat to another. Judges presiding over burglary cases can send you to prison, fine you, order probation, or order community service. Even the least severe burglary charge, a third-degree felony, can result in up to a five-year prison term. Our Florida burglary attorneys thoroughly understand the criminal justice system and the people involved. We believe our decades of experience can be utilized for your best interests and we have served as a glimmer of hope to many. One mistake should not define you.
Third-degree felonies are charged when the accused is not armed during the commission of the burglary, does not employ violence, and the target is unoccupied.
However, the prosecutor will up the charge to a second-degree felony, even if a burglary is non-violent and the accused is unarmed, if they can prove any of the following:
You can be sentenced to up to 15 years in prison, and/or fined up to $10,000 for a second-degree felony.
First-degree felonies involve a home or other building, and a weapon with violence against another, along with the use of a vehicle to cause damage. Alternatively, if the damage done exceeds $1,000 without a vehicle, the charge is a first-degree felony, punishable by up to 30 years in prison, a fine of up to $10,000, or both. If you are arrested for burglary in Florida, contact The Umansky Law Firm to schedule a consultation with a knowledgeable defense lawyer.
Your defense should be well thought out to refute the prosecutor’s assertions, which must be proven beyond a reasonable doubt. We are skilled at planting doubt in jurors’ minds. You may have permission to be in the structure you are accused of burglarizing, or a witness may erroneously identify you, or the police may have violated your constitutional rights during your arrest. An arrest is not a conviction, and a Florida burglary attorney is a formidable foe to prosecutors who try to get one.
The legal system can be cruel and impersonal, with prosecutors focused on convicting you with little thought about your family and the life you have built. The Umansky Law Firm can ensure your rights are protected, and evidence that mitigates your charges is presented.
We unearth the myriad reasons for your actions that dispel what the prosecutor alleges. Call a Florida burglary lawyer to regain your confidence and move on from criminal charges. We fight for justice and your peace of mind.
The Umansky Law Firm Criminal Defense & Injury Attorneys
