Burglary is a serious felony offense in the state of Florida. A felony charge or conviction can impact your personal life for years to come, not to mention severely limit both professional and educational opportunities.
A Winter Park burglary lawyer can help you fight these charges and be the unwavering advocate you need to face the legal system. We could craft a robust defense tailored to your charge and shield you from potential exploitation by the complex legal processes at work. An experienced theft defense attorney could also offer strategic guidance at each stage of your case so you understand your best legal options at every turn.
Burglary occurs when a person goes into a conveyance, structure, or dwelling and intends to commit a criminal act while inside – often stealing. A conveyance refers to any kind of motor vehicle, which could include a passenger car to an aircraft. A structure is any building that is not intended for people to live in, such as a commercial building. A dwelling is a place where people live, either on a temporary or permanent basis.
Florida law separates the severity of burglary offenses by multiple factors. These factors can include the location of the burglary, whether or not the individual engaged in assault or battery while committing the burglary, whether the individual was armed, and whether people were present at the time of the burglary.
The penalties for burglary can include, at minimum, both fines and jail time. A person convicted of burglary could also face probation, lose the ability to vote, and face other long-term consequences associated with a felony conviction. If a person burglarizes a structure or conveyance and there is no one inside, they can be charged with a third-degree felony. This offense can be punishable by up to $5,000 in financial penalties as well as incarceration for up to five years.
If someone commits burglary with someone inside, or in a dwelling where no one is inside, they are committing a second-degree felony. That can carry a prison term of up to 15 years, and a financial penalty as high as $10,000.
In situations where the burglary involves aggravating factors such as assault or the use of a dangerous weapon, the crime becomes a first-degree felony. That is one of the most serious offenses a person can be charged with, as it carries a potential prison term of up to life. If you have been arrested or charged with burglary by the Winter Park police department, you need to consult with a seasoned attorney as soon as possible.
A Winter Park attorney could help you understand what defense options may apply to your burglary case. For example, a case of mistaken identity could be a plausible defense to a burglary charge in some situations.
If you had the owner’s permission to enter the premises, or thought the premises were open to the public, these factors could be used to disrupt the state’s burglary case. Lack of intent or lack of evidence could prevent the prosecution from reaching its burden of proof for a conviction.
If you had a legitimate reason to be on the premises, or the premises in question did not meet the legal definition of a structure, conveyance, or dwelling, this could be part of a reasonable defense. Entrapment or instances of Constitutional violations can also be used to challenge a burglary charge.
If you have been arrested on suspicion of burglary, your next call should be to a skilled attorney who can review your situation and help you understand the consequences of the charge you are facing. Even if you have been questioned by police but not arrested or charged, you should still seek legal counsel.
A Winter Park burglary lawyer can step in from the earliest stages of a case, including the phase before charges are formally filed. Depending on your situation, it may be possible for us to prevent a prevent a charge from ever being filed, or to get it reduced to a lesser charge with lighter penalties. Our criminal defense attorney can evaluate your case and explain all possibilities at your disposal. Give our office a call now to arrange your confidential consultation and secure your legal rights.
The Umansky Law Firm Criminal Defense & Injury Attorneys
