Possession of burglary tools in Florida is a felony in the third degree. The penalties for this include a prison sentence, probation, and large fines. Beyond the initial precautions, it will also appear on your criminal record for life if you are convicted, which could prevent you from applying for many types of jobs or even housing.
If you have been arrested for burglary or trespass, contact a Clearwater burglary attorney for a free consultation. At The Law Place, our phone lines are open 24/7, so contact us now at (941) 444-4444.
Florida Possession of Burglary Tools Criminal Charge
Clearwater, FL., is governed by Florida law. Florida Statute 810.06 defines possession of burglary tools as a criminal offense that involves being caught with machines, tools, or implements that could be used for burglary or trespass.
This criminalizes any attempts at burglary or trespass. If someone is unsuccessful at committing a burglary, they can still be charged with possession of burglary tools.
If you have been charged with possession of burglary tools, contact a Clearwater criminal defense lawyer at The Law Place as soon as possible. We will start preparing your defense and will collect evidence that could be used to minimize the state’s charges against you. We will also represent you in all meetings with police and prosecutors and advise you on how to act.
Penalties for Possession of Burglary Tools in Clearwater
In the State of Florida, Florida Statutes 775.082, 775.083, and 775.04 detail the sentencing options that judges can impose on defendants found guilty of possession of burglary tools. Typically, the crime is a third-degree felony, and the penalties could include a combination of:
- Up to 5 years in prison.
- Up to 5 years of probation.
- Maximum $5,000 in fines.
If you are found guilty, then the prosecution will argue what sentence they believe is fitting, and the judge will determine your exact sentence. You must have a strong defense attorney on your side who will secure a non-guilty verdict, or if this is not possible, they will fight to minimize any penalties you face.
It is important to note that defendants can be charged with more than one criminal charge. Often, possession of burglary tools comes with additional crimes like burglary and grand theft, among others. This can dramatically increase your penalties to include a longer prison sentence and bigger fines.
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Burglary Criminal Definition in Florida
In accordance with Florida Statute 810.02, entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime is considered burglary. Burglary is a first-degree felony, which carries harsh punishments that include:
- Up to 30 years imprisonment.
- Up to $10,000 in fines.
If arrested and convicted of burglary, you may spend the rest of your life in prison. If the burglary involved other crimes that were violent or involved drugs or alcohol, then you could be facing a life prison sentence. Worse, if someone was killed, then you could be put to death under Florida’s capital punishment laws.
If you or someone you love has been arrested for burglary, then you need to speak to a criminal defense attorney as soon as possible. At The Law Place, we are here to offer advice day and night. Do not speak to the police without an attorney present, as anything you say could be used against you. You need someone by your side who is skilled and knowledgeable in Florida defense law and has your best interests at heart.
We’re Florida’s top litigation team with over 75 years of combined experience
Definition of a Dwelling, Structure, and Conveyance
- Dwelling – Usually someone’s home, but any private or public building with a roof that is intended to be used by people at night.
- Structure – Any public or private building that has a roof.
- Conveyance – Any motor vehicle, such as a car, boat, train car, or plane.
Violating any of these types of premises, whether you committed burglary or only had the intent to, constitutes a crime.
From the initial call to updates on your case status, we are here to get you answers.
Burglary Tools
The legal definition of burglary tools may be different from what you think. Many people would consider items like crowbars, lockpicks, and slim jims to be tools used for burglary. However, the state has a broader definition of what they are.
A burglary tool is any kind of tool used for burglary or in someone’s possession with the intent to use that item for a burglary. Everyday items like pliers, hammers, and duct tape can be included in this definition.
For example, if someone uses a hammer to break a window to gain access to a building, they could be charged with possession of burglary tools for having the hammer on their person. Although most people commonly own hammers, the intent to use them criminally makes them a burglary tool.
Many tools and even objects can be used as burglary tools. Clothing apparel cannot. This includes gloves, balaclavas, or other clothing items used for concealing identity. This is because Florida law forbids the criminalization of clothing.
Possible Defenses
The Law Place will review your case as a team so that we can utilize all of the knowledge and experience available at our law firm. We have over 75 years of experience between us, and by working as a team, we can explore every possible defense. At the same time, you will have an attorney who has overall responsibility for your case and is there to support and guide you.
Common defenses include:
- Burglary tools were not on your person – The tool in question must have been on your person for you to be charged with possession with intent to use. If they were lying on the ground, in your vehicle, or in some other location, the police cannot prove that you had the intent to use the tools to carry out a burglary or trespass.
- No evidence of intent – Police must have clear evidence that you intended to commit a burglary. Simply talking about committing a crime is insufficient. Unless the prosecution can provide written plans, video recordings, or photos, they will likely struggle to prove intent.
- No evidence of use – If there is a lack of evidence that you used the tools to commit a burglary, then it is difficult to prove what the tools were intended for. Your lawyer could argue that the tools had a different purpose. It is up to the prosecution to prove you are guilty. Your defense simply has to provide sufficient doubt.
- No overt action was taken – If there is no evidence that you took direct action to commit a burglary, it should be hard to convict you if you have a strong defense.
- Circumstantial evidence – The prosecution’s case cannot rely on inferences. There must be hard evidence to back up the prosecution’s claims. Your attorney will analyze the evidence brought against you and make use of any flaws.
- Permission to enter – If you obtained permission to enter the home, structure, or conveyance, you could not be charged with burglary or trespass. However, permission can be taken away once you are in a building.
Statute of Limitations for Possession of Burglary Tools in Florida
Following a crime, there is a limited amount of time for the state to prosecute you. This is known as the statute of limitations. According to the Cornell Legal Information Institute, the period starts as soon as the crime was committed, not from the arrest or following the uncovering of evidence.
For possession of burglary tools, a third-degree felony, the state has up to 3 years to start filing charges. However, for a first-degree felony, such as burglary, the state has four years. And for life-sentence felonies, such as if the burglary or trespass involved sex or drug crimes, then there is no statute of limitations, and the state has an unlimited amount of time to prosecute you.
Possibility of Expungement for Possession of Burglary Tools in Florida
It is not possible to have a felony conviction expunged in the State of Florida, which means that it will remain on your criminal record. This can make it difficult for you to get a job and move on with your life.
However, if your charges are dismissed, or you are found not guilty, your arrest record can be expunged. Without this expungement, your arrest record will remain on your criminal record, and despite not being found guilty of a crime, many employers will use this to discriminate against you.
To have your record expunged, you will need a lawyer, as it is a very complex process involving various government offices and forms.
Contact The Law Place if you need to get an arrest record expunged. Our law firm is here to help you through the process.
Contact The Law Place Today!
If you are being accused of any crime involving burglary in Clearwater, Florida, you need the help of a criminal defense attorney. It could be the difference between years in prison and a dismissal of your case.
Call The Law Place to discuss your options. We are open and honest, so there will be no surprise costs. We will determine what we can do for your case and what a likely outcome will be. We will work as a team to utilize our 75 years of combined experience, to develop an aggressive defense strategy.
If you’ve been arrested for possession of burglary tools, you need a qualified criminal defense lawyer by your side as soon as possible. We will become your advocate as soon as you agree to representation and work to take away some of the stress you are dealing with.
Call The Law Place now at (941) 444-4444.
