Burglary in Florida is a lot more complicated than someone cracking a rear window and stealing electronics while someone is at work. That might be one of the most common burglaries, but it can take many forms. If you break into someone’s car, and search the glove box for money, you could be charged with burglary. If you hide in a Winn Dixie bathroom until the store closes, and then take some food, you could be charged with burglary.
Burglary encompasses a lot of situations, but above all, it is a felony. A felony conviction will impact your ability to secure a good job, rental housing, or a loan to buy a home. You could also lose your right to vote and own a firearm, which is why must work with a knowledgeable theft defense attorney. Because your future is shaped by this charge in this one moment in time, let a Lake County burglary lawyer step in to help.
According to Florida Statutes § 810.02, burglary occurs when someone enters a conveyance or building with the intent to commit an offense. If you have a right to be on the property at that time, you are not burglarizing it. This could include a commercial establishment during operating hours or your home after you are locked out by an angry spouse. However, once permission to enter a commercial building is rescinded, such as at closing time, entering it could be a burglary if you intend to commit a crime or attempt to commit a forcible felony.
Under Fla. Stat. § 776.08, a forcible felony involves assault, murder, sexual battery, and any other felony that is violent because it uses threat or force.
The penalties for burglary are steep, including prison time up to life, fines, probation, and community service. Even non-violent burglaries can result in five years in prison. These draconian charges could be mitigated, negotiated, and defended against with the help of an aggressive, knowledgeable Lake County burglary attorney.
A third-degree felony burglary charge is the least serious because the accused is not armed or violent, and the building or conveyance that is entered is not occupied. Judges are within their purview to sentence those convicted of this third-degree felony to up to five years in prison, fines of up to $5,000, or both.
Second-degree felonies may also apply to unarmed suspects who do not commit a violent act if they:
Second-degree felonies come with prison sentences of up to 15 years and a fine of up to $10,000, or both.
A first-degree felony, the most severe, involves targeting a home or other building using a deadly weapon, using violence against someone else, and using a vehicle to cause damage, or causing damage exceeding $1,000. Those convicted of this charge will face a combination of up to 30 years in prison, possibly life, and up to a $10,000 fine. Because of the severity of these charges, a Lake County burglary attorney must intercede on your behalf.
Our attorneys offer a robust defense, which is a constitutional right in America. Your circumstances will dictate the defense we build. We could refute assertions the prosecutor makes and poke holes in their case. You may have had permission to be on the premises, a witness may have misidentified you, or you may not have intended to commit a criminal offense upon entering a building.
The Lake County Sheriff’s Office could make mistakes during your arrest, wrongly searching you, entrapping you, or failing to read you your Miranda rights. You are not guilty until declared so by a jury, and our lawyers fight to get you the best resolution.
A burglary arrest seems like the end, but do not play into what Lake County law enforcement tells you. You have a constitutional right to a fair trial and competent representation in front of a jury, and our seasoned criminal attorneys are ready to explain how we might provide that for you.
Nothing dissuades us from helping those accused of crimes who need a steady guide. If you are charged with being in a structure or conveyance without permission and committing a crime, a Lake County burglary lawyer is ready to defend you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
