If you or a loved one has been charged with burglary in Central Florida, act now to speak with a criminal defense attorney and find out how to best protect your rights and future opportunities.
You do not need to have damaged property or stolen anything. If a person entered someone’s home at night without consent, for example, and was taken in to custody on the premises, a charge of burglary may follow. Police officers and the prosecution will search for any evidence that would support the charge.
This is an extremely serious criminal charge and requires the assistance of a skilled Orlando defense lawyer from the moment of the arrest. It is critical that you seek legal counsel and protection as soon as possible.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
A Central Florida criminal lawyer at the TK Law Firm can help you understand the charges against you and will immediately begin building the most appropriate strategy for your defense. Do not take chances with your legal rights: Contact us to discuss your charges: 855-Kramer-Now (855-572-6376).
Florida Burglary Law and Penalties
Florida law defines burglary as when a person enters or remains in a dwelling, structure or conveyance without authority and with the intent to commit a felony or theft.
- Dwelling refers to any building or conveyance designed for lodging and inhabitation, temporary or permanent, with a roof, such as a home, boat or trailer;
- Structure refers to any building with a roof over it;
- Conveyance means any mode of transport, such as an automobile, ship or trailer.
Florida law distinguishes among different kinds of burglaries and resulting penalties depending on the situation and the crime committed once inside. Generally:
Burglary is a first-degree felony if a person commits assault or battery, is armed with explosives or a dangerous weapon, uses a vehicle to aid in the crime, and causes over $1000 in damages. Persons convicted of first degree felony burglary may be sentenced to life imprisonment and/or fines up to $10,000.
A second-degree felony occurs when a person enters or remains in a dwelling that is either occupied or unoccupied, or a structure or conveyance that is occupied, and that person is unarmed and does not engage in assault or battery. Sentencing may include imprisonment up to fifteen years and a fine up to $10,000.
A third-degree felony occurs when a person enters or stays in an unoccupied structure or conveyance, and that person is unarmed and does not engage in assault or battery. This lesser offense still packs a heavy sentence – up to five years imprisonment and up to $5,000 fine.
Burglary crimes are often associated with other crimes such as assault and battery, theft or robbery. Also, criminal trespassing and burglaries share many elements. Trespassing also involves entering someone’s home or a building or conveyance without permission, but a trespasser’s intent is different.
Building Your Defense
An Orlando burglary defense lawyer with the TK Law Firm will investigate your case and determine the strongest and most precise ways to defend against the charges. Our goal is to have the charges dismissed or dropped to lesser charges with much less severe penalties, and to keep you out of jail.
Cases can be very subjective in nature. Each defense is different and hinges on elements such as:
- The strength of the evidence the prosecution can compile;
- Proof beyond a reasonable doubt that you intended to commit a crime after the entry;
- Your criminal history, if you have one;
- Whether you committed a felony or other crime during the burglary (e.g. did you shoot someone or engage in an act of gang violence?);
- Whether you destroyed property or caused substantial harm to the person or institution that you allegedly burglarized.
Connect with Our Orlando Criminal Defense Team
First-degree burglary is a felony in Florida. Convicted felons not only face serious prison sentences and fines, but they also lose civil rights and the respect of their communities, and often struggle to secure loans, find and hold employment, and qualify for professional licenses.
The TK Law Firm can help you resolve the terrible uncertainty you feel and give you back a sense of control over your life. Call the team at 855-Kramer-Now (855-572-6376) right now to discuss your options.