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Burglary of a Structure in Florida
Entering a home or some other premise without permission can get you charged with burglary. You don’t need to break a window or pick a lock. Even when someone enters through an unlocked door or window, they can be charged with burglary. Family disputes, roommate issues, or unexpected but explainable circumstances can lead to Burglary charges, which is at a minimum a third degree felony punishable by up to five years in prison. Don’t hesitate to call burglary defense attorney Matt Landsman if you’ve been charged or arrested for some type of burglary.
Burglary of a structure is a basic form of Burglary involving a Structure which is defined as
Common burglary charges in Florida include:
When you face unfair charges, you need to be aware of the magnitude of what you could be facing, and you cannot face this time alone. You need skilled legal defense on which you can rely.
Understanding Burglary of a Structure 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.
“Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. [The enclosure need not be continuous as it may have an ungated opening for entering and exiting.] § 810.011, Fla. Stat. Dubose v. State, 210 So. 3d 641 (Fla. 2017).
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.
Penalties You Could Face for Burglary Charges
Burglary involves entering or staying on premises 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 a Structure
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.
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.
Public Area. When areas are open to the public, it is more difficult to accuse someone of the crime of burglary–If there are issues with the nature of the area entered it can constitute a legal defense.
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.
An experienced, knowledgeable 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 a dwelling or structure 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:
Inability to find long-term employment once employers view your record: If you are convicted of burglary, the mark will be on your criminal record regardless of the circumstances surrounding the event.
Inability to find housing options once your criminal record is run by your prospective landlords and the burglary charge appears.
Inability to leave the country for a vacation because you have a mark on your record—to get a visa to enter certain countries, you must have no criminal record at all.
Having your ability to go to college affected when your school runs your record and finds that you have been convicted of burglary.
Hiring a Criminal Attorney
A skilled burglary 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.