Attempted burglary could be a trespass and it will probably be a trespass because they were on or at the property and if they damaged some of that property, they could also be charged with criminal mischief for varying degrees depending upon the level of damage to that property. Burglary offenses are more likely be an attempt to trespass. If the property is damaged that person could be facing a charge of criminal mischief. Criminal mischief under West Palm Beach burglary penalties is considered the willful and malicious damaging of the property of another. If you have been accused of such crimes, contacting a distinguished burglary attorney may be beneficial to the outcome of your case.
Degrees of Burglary
There are varying degrees of West Palm Beach burglary penalties. There is burglary of a conveyance, there is burglary of a structure, there is burglary of a dwelling, there is burglary of an occupied dwelling, there is burglary of an occupied dwelling while armed, there is burglary of an unoccupied dwelling while armed, and there is burglary of a dwelling in committing a battery inside, to commit an act of violence.
The different degrees of burglary depend on the facts of the case. They range from a third-degree felony, which is punishable by a maximum of five years in prison, all the way up to a first-degree felony, punishable by life in prison if a person is armed or commits an act of violence once they are inside of a dwelling, whether occupied or not.
There are varying degrees. The level of the crime would depend upon which of those an individual is accused of and later proven guilty of committing. The least serious is a burglary of a conveyance, breaking into someone’s car. Breaking into someone’s home, threatening violence with a weapon/firearm or committing an act of violence would be considered the most serious degree of burglary.
West Palm Beach burglary penalties begin at a minimum of probation to a maximum life in prison depending upon the circumstances of the burglary. If an individual is breaking into someone’s car with the intent to take a radio out or something that is in the backseat or a purse, that is a third-degree felony, punishable by up to five years in prison. If an individual is breaking into someone’s home and he or she has a gun, that is punishable by up to life in prison.
Aggravating Factors in West Palm Beach
Aggravating factors for West Palm Beach burglary penalties can include the facts and circumstances of the case such as whether or not the individual broke into someone’s home. Florida considers the “your home is your castle” principle and any violations of a person’s castle will, if legally proven and undefended lead to serious and possibly devastating consequences. Breaking into someone’s home is a bad invasion of a person’s privacy and is considered an aggravating circumstance.
The value of the property that was taken would be an aggravating circumstance. The degree of sophistication under which the person gained entry into the property would be an aggravating circumstance as well. Whether or not anyone was hurt, injured, or assaulted during the burglary would also be an aggravating circumstance. Whether the client has a prior record or whether someone was committing the same act or something similar.