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Expert Defense from a Burglary of Dwelling Attorney
If you have been charged with burglary of dwelling, your first action should be to retain the services of a skilled burglary of dwelling attorney. It is very frightening to be arrested or questioned in a burglary of dwelling case, especially if you do not have someone by your side answering your questions and fighting for your defense. Prosecutors, police, and victims seek the maximum penalties in many types of offenses, and burglary of dwelling is one of the most serious offenses to you can face.
Burglary of Dwelling Definition
Under Florida Statute 810.02, a person can be charged with home burglary (burglary of dwelling) if they illegally enter a dwelling without permission and intend to commit an offense inside. A house is considered a “dwelling,” but so is any structure with a roof over it used for temporary or permanent inhabitation. Burglary is committed as soon as an offender enters the dwelling, regardless of whether the intended crime was carried out. Important to note – you don’t have to intend to commit theft when entering – any kind of crime other than trespass can be the foundation of a burglary of dwelling charge.
In Florida, a burglary is committed when a person:
- Enters a dwelling or structure owned by (or in possession of) another person and has an intention to commit an offense in the dwelling at the time of entering.
- Lawfully enters a dwelling or structure with the owner’s consent but remains inside surreptitiously (meaning secretly and/or stealthily), or after permission to enter has been withdrawn, with the intent to commit an offense.
According to Florida Burglary Statutes, a dwelling means “a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night.” If a person enters in a person’s enclosed yard (curtilage) with the intent to commit a crime within (i.e. theft), that can also be charged as a burglary of a dwelling.
Remember, these cases are very serious and you need a clear strategy as soon as possible. To help fight the charges, contact a burglary of dwelling expert attorney fast. A defense strategy can then be formulated with the goal of having your charges dismissed or reduced. Burglary of dwelling is a second degree felony offense at minimum, and depending on the circumstances of the case you are looking at more than a decade in prison even with no criminal record.
Penalties for Home Burglary in Florida
In Florida, all burglaries are considered felonies. Depending on the specific details of the offense, you could be charged with a:
- Third-degree felony. You may be charged with a third-degree burglary if you were unarmed, the burglarized property was unoccupied, or the offense did not involve assault or battery and you only attempted to enter a dwelling. Possession of burglary tools (such as any tool actually used to facilitate an entry) may also result in a third-degree burglary charge. If convicted, you could be ordered to serve a prison sentence of up to five years and a $5,000 fine.
- Second-degree felony. Burglary of dwelling is normally a second degree felony. A second-degree felony charge. Conviction may result in a maximum of 15 years imprisonment and fines up to $10,000. Also, even with no record this charge will score approximately 21 months in prison under Florida’s CPC (criminal punishment code).
- First-degree felony. Armed burglary, burglary involving assault or battery on a victim, or burglary resulting in property damage over $1,000 are all considered first-degree felonies. First-degree burglary of dwelling is punishable by up to 30 years imprisonment and a fine of up to $10,000. It will also score even more than burglary of a dwelling with no enhancement.
ARMED BURGLARY AND BURGLARY WITH ASSAULT/BATTERY
Both burglary with assault/battery and armed burglary are felonies of the first degree punishable by up to LIFE in a Florida state prison. See Fl. St. 810.02
If you have been accused of burglary and part of that accusation involves becoming armed or touching, striking, or threatening any person, you are facing up to life in prison due to the massive penalties intended by the Florida criminal statutes. You will also have an extremely high scoring offense, even with no record, and few attorneys have extensive experience defending people against such serious charges. You or your loved one needs the best help now if they have been accused.
Possession of Burglary Tools
As its name suggests, possession of burglary tools means that the offender possessed any tool, machine or device that can be and is used to commit burglary or trespassing as a part of their offense. In Florida, this offense is considered a third-degree felony and carries a penalty of up to a 5 years imprisonment and a maximum fine of $5,000. It is common for the State to add this charge to burglary prosecutions whenever they can to make any sentencing worse and increase their bargaining power.
PROTECTING YOUR RIGHTS IN BURGLARY CASES
No matter who you are, you need an experienced attorney on your side who has taken cases like this to trial and has had success negotiating great outcomes for all manner of situations. The potential penalties are so huge when dealing with this type of crime the results can haunt you for the rest of your life. The potential prison time alone should be more than enough to convince anyone how serious the situation is when charged, but in addition to prison time, there is also additional penalties which frequently can accompany burglary of dwelling charges, like:
- Probation
- Court and related fees
- Loss of rights to vote or own a firearm
- Difficulty finding housing
- reputation damage
- career diffculties
- criminal registration
If you are accused of a burglary offense in Florida, you should consider retaining an experienced lawyer to improve your chances of obtaining a desirable outcome.
How to Defend a Burglary of Dwelling Charge
Beating a burglary charge in Florida requires that your criminal attorney develops a strategy to exploit the weaknesses in the prosecutor’s case. These are issues and defenses which may arise in your case, and Expert Burglary of Dwelling trial lawyer Matt Landsman has the experience to help you with any of the following:
- Had permission to be on the premises. One owner may have invited you into the dwelling without the other’s knowledge.
- Had permission to remain on the premises. You may have been led to believe that you had permission to stay the night inside the dwelling.
- Had no intent to commit a crime. Even if you were in the dwelling without permission, the prosecution might lack sufficient evidence to prove your intent to commit a felony.
- Were in a public space. You cannot commit burglary on premises open to the public at the time of the offense.
- Were not in a dwelling. There may have been mistaken identity, or you were present on premises that do not meet Florida’s definition of dwelling.
- Did not commit assault or battery. The prosecution may not have enough evidence to prove that you committed violence against the home inhabitants.
- Did not cause any damage. There may not be sufficient evidence showing that your actions caused damage to the dwelling. (assuming you are charged with burglary and damaging property within)
- Mistaken Identity. Your identification as the suspect may be incorrect and can be challenged in Court.
- Alibi. Proving you were not present can be a strong defense.
- Illegally obtained evidence. Any evidence obtained by the police could be the result of a violation of your 4th or 5th amendment rights.
Remember that Burglary of dwelling is essentially a trespass in a home, combined with an intent to commit a crime inside. Therefore any possible defense to the crime inside or the trespass could qualify as defenses.
CONTACT EXPERT BURGLARY OF DWELLING ATTORNEY
If you are charged with any kind of Burglary Crime, it is important to be well informed regarding the charges against you, your legal rights, options which may be available to you, viable defense strategies, and if the case goes to trial, aggressive defense of your legal rights and freedoms. You need a burglary of dwelling attorney in Gainesville who knows all the players involved and how to deal with the problems at hand. Depending upon the circumstances and evidence you may be able to get the burglary charges dropped, reduced, negotiated to a diversion program, or probation instead of jail or prison time. Call an expert Burglary of dwelling attorney in Gainesville Matt Landsman for a free consultation today.