Criminal charges of any sort place defendants at risk of a series of consequences no one wishes to face. From terms of incarceration, monetary penalties, probationary supervision, job loss and social stigma, the far-reaching impact of a burglary conviction can literally last for years.
The crime of burglary is among the offenses of which the Florida legislature takes a particularly tough stance, as it has been classified as a felony capable of producing an array of harsh sanctions.
If you have been accused of breaking and entering and are in need of a vigorous legal defense, a Ft. Lauderdale burglary lawyer can investigate the facts and help assert your right to fair treatment. To learn more or get started on your defense, schedule a consultation with a defense attorney in Ft Lauderdale today.
What are the State Breaking and Entering Laws?
According to Fla. Stat. §810.02, the crime of burglary involves entering a structure, dwelling or conveyance with the actual intent of committing an offense within it, with the exception of instances in which the premises at issue is open to the public or the accused is a licensee or invitee.
The offense also encompasses circumstances in which an individual remains in a structure or dwelling in a surreptitious manner, doing so after permission to remain has expired and with the intent to commit an offense.
Burglary commonly entails the unlawful breaking or entering and the taking of another party’s property with the intent to permanently or temporarily deprive that individual of their property.
However, it should be noted that intent plays a significant role in the charging of this crime, and it is, in fact, possible to face prosecution even in situations where no property is actually stolen or no additional offense is committed.
Given the complexities that abound with regard to burglary charges, it is essential for anyone accused of this crime to secure the help of an aggressive legal advocate in the form of a Ft Lauderdale attorney.
When Would Burglary Be Charged as a Felony?
Those alleged to have committed the crime of burglary in Florida need to recognize the extreme seriousness of the charges they face and the potential impact a conviction could have on their liberty, livelihood, and reputation.
If a burglary is committed along with an assault or battery of a person, if the accused uses a weapon during the act or enters an occupied or unoccupied structure and causes damage therein, the offense is considered a first-degree felony carrying up to life in prison.
Under other, less onerous circumstances, burglary charges still carry the possibility of a felony conviction in the second or third degree, both of which can yield terms of incarceration, expensive financial fines, lengthy periods of probation, employment and other ancillary consequences.
As a result, the sooner a burglary defense strategy is formulated by an experienced lawyer in Ft Lauderdale, the greater the chance of mitigating what might otherwise be life-altering harm to the defendant as well as their entire family.
Defendants facing allegations of burglary may feel as though they are without substantial hope of prevailing against the power of the prosecution.
However, it is often possible for a skilled defense attorney to undermine the state’s arguments, particularly with regard to the intent element necessary to establish that a burglary actually occurred.
If the prosecution fails to show beyond a reasonable doubt that the defendant did not intend to commit an offense while in or on the premises at issue, there will be no guilty finding on a burglary charge.
Under such a circumstances, the best the state can hope for is a conviction on a charge of trespass, an offense for which the sanctions are considerably less severe.
Ultimately, the analysis and insights of an experienced Ft Lauderdale defense attorney will prove invaluable in attacking the prosecution’s case and mitigating possible punishments for burglary charges.
Contact a Ft. Lauderdale Burglary Attorney Today
Those accused of burglary must align themselves with the best defense possible. Charges of this nature must be taken very seriously given the potential penalties involved following conviction.
If you should find yourself the subject of such charges, contact a Ft Lauderdale burglary lawyer for the guidance and strategic representation you need and deserve.