Delray Beach Burglary Lawyer

The burglary statute covers several different but similar offenses. Generally, however, it involves breaking into a house, building, or vehicle with the intent to commit a crime. Since even the lowest level offenses carry harsh penalties, it is important to consult a Delray Beach burglary lawyer if you are facing these allegations. A well-versed theft lawyer can help defend your rights in and out of court to reach a positive outcome.

What Constitutes Burglary?

There are different types of burglary. There is burglary of a dwelling, which is a burglary of where someone lives, burglary of a structure such as a warehouse or business, and burglary of a conveyance, which is usually any movable item, such as a car, boat, or train. More specifically, burglary occurs when a person enters or remains in a dwelling, a structure, or a conveyance with the intent to commit a criminal offense. All burglaries are felonies in Florida. They can carry with it fairly significant and severe penalties, which could include probation and/or prison time. According to Florida Statute 810.02, burglary can occur when a defendant enters a dwelling, structure, or conveyance owned by or in possession of another person and has the intent to commit an offense in that location.

Another example of burglary is someone lawfully entering a dwelling, structure, or conveyance with the initial permission or consent of the owner and remaining inside with the intent to commit an offense. They could also commit the offense by remaining in the dwelling, structure, or conveyance after permission to remain has been withdrawn or revoked with the intent to commit an offense or with the attempt to commit a forcible felony inside.

Definitions

The term structure is defined as a building of any kind, either temporary or permanent, which has a roof over it. Conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle, car, trailer, aircraft, or sleeping car. Florida Statutes defines a dwelling as a building of any kind, whether the building is temporary or permanent, mobile or immobile, that has a roof over it and is designed to be occupied by people lounging there at night together with an enclosed space of ground and outbuildings immediately surrounding it. If you need help with a burglary charge, out lawyer in Delray Beach could explain your charges and defense options.

Degrees of Burglary Penalties

Just like grand theft, there are three degrees of burglary in the state of Florida; third-degree, second degree, and first degree. Burglary is a third-degree felony, which carries with it up to five years in Florida State Prison or five years of probation and a $5,000 fine. This generally applies when someone enters or remains in a structure without any other people inside that structure at the time or enters or remains in a conveyance where there are no other people in that conveyance at the time.

Second-degree penalties include up to 15 years in Florida State Prison, 15 years’ probation, and a $10,000 fine. These are cases where an assault takes place but no dangerous weapon was carried or used. It also covers situations where someone enters or remains in a dwelling and there was no other person in the dwelling at the time, a structure where there was no other person, or a conveyance and there was no other person at the time the defendant entered or remained.

Burglary in the first degree in conjunction with certain other offenses can be punishable by life in prison. This level of offense occurs when a person also commits an assault or battery during the commission of the burglary or is armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon or weapons. It can also occur when someone enters an occupied or unoccupied dwelling or structure and uses a motor vehicle as an instrument to assist in committing the offense and thereby damaging the dwelling or structure or causes damage to the dwelling or structure or any property within the dwelling or structure in excess of $1,000. An attorney in Delray Beach could explain potential burglary penalties.

How Can Possession of Burglary Tools Affect a Charge?

Florida law does not require prosecutors to prove that a burglary was successfully completed in order to pursue criminal charges. In some situations, a person may also face separate allegations involving possession of burglary tools. Under Florida Statute § 810.06, it is unlawful to possess any tool, machine, or device with the intent to use it during the commission of a burglary or trespassing offense.

These cases often involve ordinary objects that prosecutors claim were intended for unlawful use. Flashlights, screwdrivers, crowbars, lock picks, bolt cutters, gloves, masks, or other common items may become part of a criminal investigation depending on the surrounding circumstances. Prosecutors frequently rely on circumstantial evidence when attempting to prove intent.

For example, someone found near a business late at night while carrying certain tools may face accusations that the items were intended to assist with unlawful entry. However, simply possessing tools does not automatically prove criminal intent. Many tools commonly cited in these cases also have legitimate everyday uses.

Possession of burglary tools charges are often filed alongside burglary allegations, which can increase the seriousness of the case and potential penalties. A conviction may result in additional jail or prison exposure, probation, fines, and a permanent criminal record.

Because intent is such an important issue in these cases, early legal representation can be important. At Leifert & Leifert, a Delray Beach burglary Attorney carefully examines how law enforcement obtained evidence, whether prosecutors can establish criminal intent, and whether the circumstances support the allegations being made.

Common Defenses in Burglary Cases

Burglary cases are often more complicated than they initially appear. Prosecutors must prove not only that a person entered or remained inside a dwelling, structure, or conveyance, but also that they intended to commit a crime inside that location. While the facts of the case will determine which defenses apply, there are some potential options.

Our Lawyer could use lack of intent as a defense in a Delray Beach burglary case. A person may have entered a property without intending to commit a crime at all. Misunderstandings, intoxication, or mistaken assumptions regarding permission to enter can sometimes become important issues during the case.

Another defense may involve consent. If the accused person had permission to enter or remain on the property, prosecutors may struggle to establish burglary under Florida law. In some situations, disputes arise regarding whether permission was revoked or whether the accused person reasonably believed he or she still had permission to remain there.

Mistaken identity also becomes an issue in some burglary investigations. Surveillance footage, eyewitness identifications, or forensic evidence are not always as reliable as prosecutors claim. Poor lighting conditions, unclear video footage, or inaccurate witness recollections can create significant problems for the prosecution.

Illegal searches or constitutional violations may also provide possible defenses. If law enforcement officers violated constitutional rights while conducting searches, questioning suspects, or collecting evidence, certain evidence may potentially be challenged or excluded from court.

At Leifert & Leifert, we carefully analyze burglary allegations from every angle. We examine police reports, witness statements, forensic evidence, surveillance footage, and the circumstances surrounding the arrest in order to identify weaknesses in the prosecution’s case and pursue the strongest defense strategy possible.

Reach out to Hire a Burglary Attorney in Delray Beach

A person charged with burglary should speak with a Delray Beach burglary lawyer because the penalties are stiff. Prosecutors in Delray Beach take these allegations seriously, especially in burglary cases involving dwellings. The individual charged with burglary need someone who has experience handling these cases who knows what type of motions to file, and how to negotiate these cases to get the best possible result. To discuss your case, call today.