Burglary is a Felony crime under State law that can result in lengthy jail time and hefty financial fines. A conviction could result in severe legal penalties and negatively impact your reputation, relationships, and work opportunities. Therefore, it is crucial to work with a dedicated burglary Attorney who can craft a strong defense for your case and get your charge mitigated or dropped.
Criminal proceedings happen in phases, typically including an initial investigation before filing formal charges. One of our Lawyers at Leifert & Leifert is ready to provide a free consultation and case review when you are facing Ft. Lauderdale burglary investigations.
Understanding the Crime of Burglary
When you are facing a breaking and entering investigation in Ft. Lauderdale, you must understand the potential burglary charges against you. Burglary consists of impermissibly entering or remaining in a structure, dwelling, or conveyance pursuant to Fla. Stat. § 810.02. Additionally, the person must have entered or remained on the premises intending to commit a crime.
According to Fla. Stat. § 810.011, a structure is any type of building with a roof. A dwelling is any type of building or conveyance with a roof that is meant for sleeping. Conveyances include motor vehicles, such as cars, shipping vessels, trailers, or aircraft.
A Prosecutor could still bring burglary charges against a person even when they had permission to enter or remain on the premises. The law also defines burglary as secretly remaining on the property or generally staying on the premises after the invitation was withdrawn, with the intent to commit a crime.
Charges are More Severe Depending on Crimes that Accompanied Burglary
A Leifert & Leifert Lawyer can help you understand the potential penalties based on the degree of charges in a burglary interrogation in Ft. Lauderdale. Because all burglary crimes are considered Felonies under State law, the severity of the prison term and penalties will vary based on factors like whether another criminal offense accompanied the burglary.
First-degree burglary carries the most significant penalties under Fla. Stat. § 810.02, as a Court can impose up to life imprisonment and a fine up to $10,000. The Prosecutor can bring first-degree charges if the suspect committed assault and battery or is armed during the course of the burglary.
Suppose the Defendant enters a dwelling or structure with force using a motor vehicle or generally causes damage exceeding $1,000 to a structure or dwelling. In that case, the burglary is also classified as a first-degree Felony.
The maximum term for a second-degree burglary conviction is 15 years and a fine of up to $10,000. Second-degree burglary generally includes situations where a Defendant impermissibly entered a dwelling, conveyance, or structure. These charges can still happen when there is no one else on the premises or if the burglary involves an authorized emergency vehicle.
Third-degree burglary carries the least severe penalties, with a maximum five-year prison term and a maximum fine of $5,000. The Prosecutor can bring third-degree burglary charges if the Defendant commits burglary by entering a structure or conveyance when no one else is there.
Investigations Do Not Equate to Charges
A Leifert & Leifert Attorney can help you understand your legal rights at every phase of the criminal justice process. It is important to know that an investigation for burglary in Ft. Lauderdale is not the same as criminal charges.
However, hiring an Attorney during the investigative stage is critical to protecting your constitutional rights. Every person is entitled to due process during criminal investigations under federal and State law.
During the investigation stage, it is important that a potential suspect refrain from speaking with Law Enforcement Officers without obtaining Counsel. According to federal and State due process laws, the criminal justice system cannot compel a person to testify against themselves. You must hire a Lawyer before answering any Law Enforcement Officer’s questions to fully protect your constitutional rights.
Call a Ft. Lauderdale Attorney When Facing Burglary Investigations
Suppose a Law Enforcement Officer seeks to question you in connection with Ft. Lauderdale burglary investigations. In that case, you should speak with one of our lawyers as soon as possible for a free consultation and case review.
Obtaining legal Counsel at the investigative stage can help protect your constitutional rights, including your right against self-incrimination. Our lawyers are ready to fight on your behalf to achieve the best outcome.
