Burglary charges in Florida are classified as felony charges, which can entail years in prison in addition to other penalties if you are convicted. Given the severity of these charges, it is critical to seek legal representation from a qualified theft defense attorney to understand your rights and potential defense options.
An Orange County burglary lawyer could help you understand the potential consequences these charges entail and the various stages of the legal proceedings in your case. They may also be able to negotiate with the prosecutor for a plea bargain, which could result in reduced charges or lesser penalties, or even seek a full dismissal.
Burglary involves unlawfully entering or remaining inside a location with the intent to commit an offense inside. The location can be a dwelling, a structure, or a conveyance.
A dwelling is a residential property, including any attached porch, that serves as a temporary or permanent place of habitation. A structure is any permanent or temporary non-residential building, such as a business, warehouse, or school, with a roof. A conveyance is a form of transportation that can contain a person, such as a motor vehicle, ship, vessel, railroad vehicle, trailer, or aircraft. The act of entering any of these properties without permission, or staying inside after permission has been revoked, is a key element of burglary.
To be charged with burglary, you must also have the intent to commit a crime at the time you enter the location. This means you can face burglary charges without actually having stolen anything, as the mere intent to commit a crime (such as theft, vandalism, or assault) once inside the location is sufficient.
The severity of a burglary charge depends on factors including the type of property, whether someone was occupying the property, whether the defendant was armed, and whether an assault occurred during the burglary. An attorney can help you understand the charges against you if you stand accused of burglary in Orange County and launch a vigorous defense on your behalf.
The state classifies burglary into three felony levels—third, second, and first—based on the specific circumstances of the alleged offense. Third-degree burglary involves entering an empty conveyance or structure without permission for the purposes of committing a crime, an offense that is punishable by up to five years in prison and a fine of up to $5,000.
The charge increases to one of second-degree felony in several situations, including if the property was occupied, if the defendant intended to steal controlled substances, or if the burglary occurred during a declared state of emergency. A second-degree felony is punishable by up to 15 years in prison, plus fines.
First-degree burglary occurs in scenarios where the burglar is armed, commits an assault or battery, or causes over $1,000 in damage, or where other aggravating factors are present. This offense is punishable by up to life in prison in some instances, in addition to financial penalties.
Potential defenses against a burglary charge can include a lack of criminal intent, the owner having granted permission, or mistaken identity. Another common defense involves arguing that the defendant had legal access or the legal right to be on the property. Whether negotiating with the prosecutor for a reduced charge, filing motions to dismiss the case, or defending your rights in court, an experienced Orange County attorney could protect your interests at every stage of your burglary defense.
An Orange County burglary lawyer could meticulously examine all the details of your case, including police reports, witness statements, and physical evidence, to identify inconsistencies or gaps in the prosecution’s argument.
A criminal defense attorney could also challenge the admissibility of evidence if it was collected improperly or if your constitutional rights were violated. Contact The Umansky Law Firm today to request your free case consultation.
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