Entering a building without the owner’s permission is always a criminal offense. However, most of these incidents fall under the umbrella of trespassing and are relatively minor allegations. Still, some illegal entries are more serious. These occur when police or prosecutors accuse a person of entering a building with the intent to commit another crime.
These allegations are called burglary. Convictions for burglary are always felonies and some burglary crimes are among the most serious cases in the criminal code. Reaching out to an Orlando burglary lawyer may be your best chance of avoiding a conviction. Our dependable theft attorneys help people like you to understand your case, obtain evidence that works against the prosecutor’s information, and make arguments before judges and juries on your behalf.
According to Florida Statute § 810.02, a burglary occurs when an individual enters or remains in a building without the owner’s consent and does so with the intent to commit another crime. They do not need to succeed in committing that crime or even take any other proactive step towards this goal. It is the defendant’s state of mind that transforms a simple trespassing charge to one involving burglary. Speaking with an Orlando burglary attorney could help people better understand this key difference and to mark the separation between trespassing and burglary.
Every burglary is a felony. This means that a conviction creates a criminal record and could see a court sentence a person to at least one year in prison. Beyond this core concept, the burglary statute names three categories of burglary, each with its own definition and potential penalty.
A simple burglary is a felony of the third degree. This applies when a person enters a building in which there is not another person at the time of entry. Furthermore, the entry must occur while the person is not carrying a dangerous weapon or explosive.
Burglary becomes more serious when the building is a person’s dwelling. Courts may also upgrade a charge if the entry occurred while the defendant had the intent to steal a controlled substance or drug. This makes the charge a felony of the second degree.
The most severe type of burglary are felonies of the first degree. This applies when the entry resulted in an assault or battery against another person or when the entrant possessed a deadly weapon. This charge may also result if the entry results in more than $1,000 in property damage. An Orlando burglary lawyer works to create powerful defenses against any category of a burglary charge.
If someone was caught selling any stolen items at a pawn shop or flea market, they may also face charges for dealing in stolen property.
Burglary charges are serious matters that could have long-term consequences. These allegations are always felonies, and convictions could see a court imposing a multiple-year prison sentence. It is critical that you take every necessary step to give yourself an advantage. One defense may be that you thought you had a right to be where you were.
Hiring an Orlando burglary lawyer to handle the case may be your best option. They work tirelessly to investigate the incident, question the prosecutor’s version of events, and defend your Constitutional rights while in police custody and during all court sessions. Talk with an attorney now to learn more.
The Umansky Law Firm Criminal Defense & Injury Attorneys