Burglary is a crime which can have surprisingly severe consequences in Broward County. A conviction for burglary could negatively impact a person’s future livelihood.
Although there are no mandatory sentences for a burglary conviction it is still a serious matter. In many situations, the basis for charges are often dependent on the circumstances surrounding the events leading to an arrest and legal proceedings can quickly become difficult to understand.
If you were charged with burglary in any form, contact one of our seasoned theft attorneys. Understanding legal options and the consequences of different courses of action may significantly impact your case. Call a Broward County burglary defense lawyer today to schedule a free consultation.
According to §810.02 of the 2017 Florida Statutes, burglary is defined as the entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein.
The charges associated with burglary can be difficult to understand. There are three felony charges which include: first, second, and third-degree. Each charge has different conditions that typically must occur at the time of the alleged incident. If you have any questions about burglary charges, reach out to a Broward County burglary lawyer.
Understanding Burglary Felony Charges
A First-Degree Felony burglary offense is generally serious and may include an assault or battery. If a weapon is present during the alleged burglary, this might also contribute to a first-degree felony charge. Another element that may influence the Prosecution’s decision of charging someone with first-degree felony is the amount of damage done to the dwelling. If the burglary includes more than $1,000 worth of damages, or if a motor vehicle is used during the alleged crime, other than a getaway vehicle, the incident may be considered a first-degree felony.
Even though, first-degree felonies typically carry a maximum sentence of 30 years of incarceration, as per §810.02, a burglary of this sort may also be punishable by a maximum sentence of life in prison.
When burglary is considered a second-degree felony, another set of conditions are used to determine the grade of the charge. If any of the following circumstances over the course of an alleged burglary, the charge may be treated as a second-degree felony in Broward County:
- The burglary takes place in a dwelling
- The burglary occurs in a structure and another person is present inside
- The burglary occurs in a conveyance and another person is present inside
- The burglary occurs in an emergency vehicle
- The intended crime is the theft of a controlled substance
A felony in the second-degree is commonly viewed as less severe than a first-degree felony. However, this charge is still serious and potentially punishable by up to 15 years in a state prison.
When determining if a burglary charge could be a third-degree felony, investigators consider the circumstances of the alleged incident. Typically, the burglary occurs in a structure or conveyance, without the presence of another person inside at the time. The penalty for such a charge may include up to five years in prison. In comparison to a first or second-degree felony, a third-degree felony may seem the least severe. However, a conviction could still significantly and negatively impact a person’s future. This is why it is essential that someone faces charges reaches out to a well-established defense lawyer.
How a Broward County Burglary Attorney Could Help
Consulting with a Broward County burglary defense attorney could help a person facing a burglary charge in several ways. Most significantly, a criminal defense attorney could potentially help by entering a plea of not guilty and fighting the charge, demonstrating that a defendant should be charged with a lesser form of burglary, or helping to negotiate a plea agreement.
It is easy to see that a burglary conviction could be serious. In some extreme cases, it could even lead to life in prison. While there is no mandatory minimum sentencing structure for a burglary conviction, contacting an attorney could be very beneficial. If you are charged with burglary, contact one of our Broward County burglary lawyers at Leifert & Leifert today for a free initial consultation.