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Expert Defense from a Burglary Attorney in Gainesville
In Florida entering the property of another with the intent to commit a crime within constitutes burglary. There are many variations of Burglary in Florida and depending on which type the penalties can differ drastically. Charges like Burglary with Battery can be punished by up to life in prison, while Burglary of a conveyance (typically a car) cannot be punished by more than five years in prison. The nature of the structure entered, as well as the alleged conduct within matter for determining what you could be facing. Also there could be multiple defenses to burglary or property crime, including but not limited to good faith, mistake of fact, ownership disputes, alibi, or lack of intent to commit a crime inside. If you are looking for an expert, knowledgeable, and experienced criminal defense attorney in Gainesville or North Florida to help you fight any type of burglary or property crime, call Matt Landsman for a free consultation.
Types of Burglary include:
Get Informed from an Expert Burglary Attorney in Gainesville
If you have been charged with burglary, your first action should be to retain the services of a skilled burglary attorney in Gainesville. It is very frightening to be arrested or questioned in a theft crime, especially if you do not have someone by your side answering your questions and fighting for your defense. Prosecutors seek the maximum penalties in many types of offenses, including burglary. It may not seem like a big deal from your perspective, but if your being questioned or investigated for one of these crimes you have allot more at stake than you might think, since all burglary crimes are felonies.
Burglary is essentially defined as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein. It is difficult to prove intent in many instances. At Landsman Law we believe that you deserve the best defense possible and will thoroughly investigate the evidence surrounding your charge.
A defense strategy can then be formulated with the goal of having your charges dismissed or reduced. Burglary is a felony offense and if you are found guilty you could be sentenced to imprisonment for life for the most serious kinds of burglary, or you could get some combination of prison and probation for years to come, depending on the circumstances of the case.
FLORIDA BURGLARY LAWS
One of the most common felony charges in the state of Florida is burglary, which can take place in several different forms. Florida statute §810.02 states that a burglary is the entering of a residence (dwelling), or another structure, or vehicle, with the intent to commit a criminal offense inside.
TYPES OF BURGLARY – SUMMARY OF BURGLARY TYPES
BURGLARY OF A STRUCTURE/CONVEYANCE IN FLORIDA
In Florida, the unlawful entry of a structure could lead to a burglary charge or arrest if it can be shown that the person entering the structure had the intent to commit an offense. This is a third degree felony punishable by up to five years (5) in a Florida state prison. A structure or conveyance is any enclosed structure such as an office, car, warehouse, school, etc. In other words, for purposes of this offense, it can be anything that is not considered a dwelling—an inhabited residence. A conveyance is a vehicle of some kind, typically a car or truck. Yes, entering someone’s car or truck to take something without permission can get you charged with burglary of a conveyance. It may seem small, but if you are a accused of this crime you want an experienced burglary attorney in Gainesville to help get you out of this situation, be it through diversion, negotiation, or outright dismissal, since a felony like this can haunt a young person for the rest of their days.
If there is a person already in the structure at the time the offender enters or remains, the charge can be raised to a felony in the second-degree which potentially could result in imprisonment for up to 15 years. In the event that the offender is armed or becomes armed while in the structure, or commits battery on another, a felony in the first degree can be charged. A first-degree felony conviction could result in a prison sentence of up to 30 years.
BURGLARY OF A DWELLING IN FLORIDA
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 the entered premises is a residence (dwelling), the charge is Burglary of a Dwelling, this is a second degree felony punishable by up to fifteen (15) years in a Florida state prison. Usually, but not always, this offense also carries additional charges of theft/grand theft—as this is typically the “crime within”—and criminal mischief, as there is often some damage done to another’s property in the process of breaking and entering.
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. Additionally, if a person is armed while burglarizing a dwelling, or commits an assault or battery, the charge can be increased to a first-degree felony which could result in them being imprisoned for up to 30 years.
ARMED BURGLARY IN FLORIDA
Both burglary with assault/battery and armed burglary are felonies of the first degree punishable by up to thirty years in a Florida state prison. Armed burglary is a felony in the first degree which is punishable by imprisonment for up to 30 years and a fine of up to $10,000. If the “crime within” is an assault (threat of imminent harm) or a battery (unconsented touching), a burglary with assault/battery can be charged. Burglary with assault/battery is also a non-bondable offense (meaning you will most likely be held without the option of pretrial release- frequently called being held at No Bond). Even if you enter a dwelling, structure or conveyance unarmed and then arm yourself once inside, it is still a first-degree felony.
DIFFERENCE BETWEEN THEFT AND BURGLARY IN FLORIDA
The crime of burglary/trespassing is different than a theft charge because there is a difference of intent. Theft is said to have the intent of depriving an owner of their property while burglary always involves entering the residence of someone else without permission with the intent of committing a crime. Theft does not have to take place at a residence, but can take place in a public area.
PROTECTING YOUR RIGHTS IN BURGLARY CASES WITH A BURGLARY ATTORNEY IN GAINESVILLE
No matter who you are, you are innocent until proven guilty. You have rights and those rights need to be protected. Our experience and proven success in criminal defense cases may be able to give you the outcome you are seeking. Your future is at risk. If you are found guilty of a felony offense, not only may you be imprisoned and heavily fined, you will find that future opportunities will be limited due to having a criminal history. Now is not the time to depend upon an inexperienced attorney. Experience counts.
When you are charged with burglary, you could be facing decades in state prison. It depends on multiple factors, ranging from the severity of your crime to your criminal record (or whether you have one or not). The need for an expert burglary attorney in Gainesville not something to take lightly.
Being convicted of a burglary can have a dramatic impact on your life, whether you’re in prison for years or for decades. That is what makes a burglary attorney such an important part of your case.
Whether you have been wrongly accused or there are mitigating factors that the judge needs to hear, our burglary defense attorneys will defend your rights aggressively and fight to minimize sentencing as much as we can. Without proper legal representation, your liberty and rights are very much at risk.
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 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 attorney in Gainesville Matt Landsman for a free consultation today.