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Burglary of Conveyance in Florida
Entering someone else’s car, truck, or van without permission can get you charged with burglary. You don’t need to break a window or steal the key. Even when someone enters through an unlocked door or window, they can be charged with burglary of conveyance. Family disputes, roommate issues, or unexpected but explainable circumstances can lead to Burglary of conveyance charges, which is at a minimum a third degree felony punishable by up to five years in prison. Don’t hesitate to call burglary of conveyance defense attorney Matt Landsman if you’ve been charged or arrested for some type of burglary.
Burglary of conveyance is a basic form of Burglary involving a vehicle which is defined as means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance.
Understanding Burglary of Conveyance in Florida
Burglary has two elements, entering a structure or conveyance (a motor vehicle) owned or in the possession of another, and at the time of the entering you had the intent to commit a crime other than trespass. Essentially you have to commit a trespass (entering without permission) and have some extra criminal intent. This sounds simple but Burglary has many special components involving proof and legal burdens.
Burglary is found in the Florida Statutes under 812.02.
For example, it can be a defense (sometimes) if the premises were open to the public, it cannot be a defense if permission to enter was obtained by trick or deceit, intent to commit a crime inside can be presumed if entry was done with stealth, and proof of possession of recently stolen property may create a presumption justifying a conviction unless adequately explained. These concepts alone should make it clear that burglary in Florida can be a complicated issue, and burglary defense attorney Matt Landsman can help you navigate this challenging offense.
Knowing the basic premise, then you go on to decide are there any additional factors which elevate the burglary offense. It is important to note that in Florida burglary is essentially the base offense, but if other circumstances are present the offense goes to a higher degree of penalty. If the Burglary was while armed, an assault or battery alleged, the place entered was occupied, was during a state of emergency, was of a law enforcement vehicle, can all can elevate the charge from a third degree felony to a second or first degree felony.
Specifically as to vehicle charges like burglary of a conveyance, the entire body of the perpetrator doesn’t need to be inside the vehicle, so just reaching into someone else’s car to commit on offense therein – like battery or theft, can get you charged with burglary of a conveyance.
Penalties You Could Face for Burglary of Conveyance Charges
Burglary involves entering or staying on premises – and in this case entering a vehicle – where you were not invited, with the intent of committing a theft or some other criminal offense. In Florida, burglary will always be considered a felony offense. The penalties upon conviction of this type of charge include fines, imprisonment, forfeiture of property, restitution to the victim, and a criminal record that could impact the rest of your life. If a weapon is involved, other people are present, or some other aggravating circumstance the charge could become a second or first degree felony.
A third degree felony can entail up to $5,000 in fines and up to 5 years in prison. You could be sentenced for up to 15 years in prison for a second degree felony. The maximum prison sentence with a first degree felony is usually 30 years. You could also be fined up to $10,000 for a first or second degree felony conviction.
Legal Defenses for Burglary of Conveyance
Several legal defenses can be argued to the court when a client has been charged with burglary.
Consent. Trespassing and burglary take place when consent to be there is expressly withdrawn. This charge will only stand if it can be proven without a doubt in court that consent was revoked before the crime took place. This is similar to license or being invited to enter, which can also be a complete defense.
Bystander or mere proximity: You may have only been a bystander, yet the police hastily included you with those who committed a burglary. Issues may arise such as mistaken identity or suggestive identification procedures as well.
Intent to Commit a Criminal Act. If there is no intent to commit a crime, and they cannot be charged with burglary; this leads to a much lesser charge of trespassing. (or trespass to conveyance)
An experienced, knowledgeable burglary of conveyance defense attorney can help you to prepare the right defense to state your case and get the best results.
Implications of a Record
The implications of having burglary of conveyance charge on your permanent record can be far-reaching and affect you negatively for the rest of your life, as opposed to the lesser charge of trespassing, Burglary is considered a felony crime, and you could be charged with other crimes, so you should take these allegations seriously. The implications of having a mark on your criminal record can include:
Hiring a Criminal Attorney
A skilled burglary of conveyance attorney in Gainesville can assess your situation and prepare the strongest defense for your individual case. They have seen and represented thousands of cases just like yours, and they can provide you with the best course of action to get the justice you deserve. Set up a consultation with Matt Landsman board certified criminal defense attorney. He is available on call to answer your questions around the clock, and your consultation with our criminal attorney is free. Lawyer Matt Landsman has the experience and the knowledge you need to help when you rely on self defense.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.