In Fort Myers and the State of Florida, burglary is considered to be a very serious crime. If you are caught in possession of burglary tools in Fort Myers, then it is likely that you will face a third-degree felony charge. A third-degree felony charge has serious punishments, including hefty fines, as well as time on probation or in prison.
If you have been accused or arrested for the possession of burglary tools in Fort Myers, FL., then it is important to get in touch with The Law Place as soon as you possibly can. At our law firm, we have a team of highly skilled attorneys with over 75 years of combined experience in defending the accused. A criminal defense attorney will be there to offer valuable legal advice and support you every step of the way to ensure you receive the best outcome possible.
Our Fort Myers offices are open 24 hours a day, 7 days a week, so don’t hesitate to call us at any time of day. Call us at (941) 444-4444, and arrange a free consultation with an adept criminal defense lawyer today.
Florida Possession of Burglary Tools Charge
As noted in Florida Statute 810.06, the possession of burglary tools can be defined as an individual who has in their possession any tool, implement, or machine with the intent to commit a burglary or trespassing offense. Moreover, no matter whether the burglary or trespass was successful or not, you will still face the same criminal charges.
To be in possession of burglary tools, the prosecution needs to prove to the jury a number of factors beyond a reasonable doubt. These factors include:
- That you intended to commit a Florida burglary.
- That you were in possession of tools that are known to be used to commit burglaries.
- That you had committed either an act or intention towards committing a burglary or trespassing offense.
There are many everyday items, tools, and equipment that can be considered to be burglary tools if the prosecution can prove the intent to commit a crime. Some of the most common burglary tools include:
- Pliers.
- Screwdrivers.
- Hammers.
- Ducktape.
- Devices that can be used to pick locks.
- Explosives.
- Crowbars.
As highlighted in Florida Statute 810.06, something that is not considered to be a burglary tool is personal clothing, even if there is evidence that there was intent to use a particular item of clothing in a burglary. This includes gloves, balaclavas, and other items of clothing that can be used to conceal identity.
Possible Penalties for the Possession of Burglary Tools in Fort Myers, FL.
In the State of Florida, if you are charged for being in possession of burglary tools, then it is likely that you will be convicted with a third-degree felony charge. If found to be guilty, punishments for a third-degree felony can include:
- Up to 5 years in prison.
- Fines of up to $5000.
- Up to 5 years of probation.
Florida Statute 810.02 also highlights additional factors which, depending on the circumstances surrounding the arrest, may increase the severity of your criminal charges.
No matter the circumstances surrounding your arrest, here at The Law Place, we are here to help. By seeking the representation of a criminal defense attorney, they will work alongside you to build a strong defense strategy that can stand up in court against the prosecution. An attorney will work tirelessly on your behalf to minimize any charges you may be facing and ensure you receive the best outcome possible. Call our Fort Myers offices today and arrange a free consultation with a highly skilled criminal defense lawyer.
Additional Consequences for Being in Possession of Burglary Tools in Fort Myers, FL.
If you are convicted for being in possession of burglary tools in Fort Myers, then not only will you face punishments and penalties that the court will reprimand you with, but it is likely that you will also receive a permanent criminal record. Whilst a criminal record may sound minor, it can have devastating and life-changing consequences. Holding a criminal record in your name may prevent you from doing the following:
- Securing future employment.
- Continuing at, or applying to, an educational institution.
- Obtaining financial aid, such as bank loans and mortgages.
- Obtaining various types of professional licenses.
- Renting accommodation.
- Interfering with child custody rights.
At The Law Place, we understand how daunting facing criminal charges can be, which is why we will do our utmost best to ensure you receive the best possible outcome, which may see your charges reduced or eliminated entirely. Contact The Law Place today to get started with your case.
We’re Florida’s top litigation team with over 75 years of combined experience
Possible Defenses for Being in Possession of Burglary Tools in Fort Myers, FL.
As soon as you hire a criminal defense lawyer from The Law Place, they will begin to develop a defense strategy that, if needed, can be used in court. Our team will work to investigate and analyze your case and will gather any evidence that could strengthen your defense. Some of the most common defenses used for the possession of burglary tools include:
- You were not in actual physical possession of the burglary tools – In order to be convicted and charged for the possession of burglary tools, the tools must have been on the person in question. Therefore, if the tools were on the ground, in another location or vehicle, then law enforcement will be unable to prove that you had the intent to use the tools to carry out a burglary or trespassing crime.
- The tools in question were not yours – If the burglary tools were not yours, or if they were being used for their intended purpose, rather than trespass or burglary, then it is unlikely that the prosecution will be able to prove otherwise.
- Lack of intent – Law enforcement must be able to prove that the individual in question had clear intentions to commit a burglary or trespassing offense. Unless the prosecution can provide physical evidence of your intentions, then they may struggle to prove intent.
- No evidence of use – If there is a lack of evidence to show that you used the tools to commit a burglary, then the prosecution will find it difficult to prove what the tools were intended for.
- No evidence to show an overt act of burglary – If there is no evidence that you took action to commit a burglary, then the prosecution will find it hard to prove otherwise.
- Circumstantial evidence – The prosecution must have hard evidence to back up their claims. Therefore if there is only circumstantial evidence that you intended to commit a crime, then it is unlikely that you will be charged.
- Permission to enter – If you had permission to enter the structure or conveyance, then the prosecution will be unable to charge you with burglary or trespass.
In order to receive the best outcome possible, it is essential that you seek legal representation from a criminal defense lawyer. Depending on the circumstances surrounding your case, it is possible that a defense attorney will be able to reduce the charges you are facing or even have them dismissed entirely. What are you waiting for? Contact The Law Place today to arrange a free consultation with a criminal defense attorney.
From the initial call to updates on your case status, we are here to get you answers.
Contact The Law Place in Fort Myers, FL., Today!
If you or someone you know has been arrested or accused of being in possession of burglary tools, then it is strongly recommended to seek legal advice from a reputable law firm. At The Law Place, our team of adept defense lawyers has over 75 years of dealing with cases similar to yours. Our attorneys are well equipped in handling the Florida legal system, so you can rest assured that your case will be in knowledgeable and competent hands.
At The Law Place, we offer a free consultation to all our customers. At this consultation, an attorney will assess your case and offer comprehensive legal advice on the best way to proceed. From there, if you wish to hire an attorney from our law firm, then we will arrange a second consultation. At this second consultation, your attorney will explore the intricacies of your case and work alongside you to build a strong defense strategy that can be used in court against the prosecution. A strong defense strategy could see your charges reduced, or in the best-case scenario, dropped entirely.
At our law firm, our attorneys pride themselves on developing trusting and open attorney-client relationships built on honesty and transparency. We understand how daunting facing criminal charges can be, which is why we will be here to support you every step of the way. Our Fort Myers phone lines are open around the clock, so you can call us at a time most convenient for you and relax in the knowledge that a defense lawyer will be on hand to help. Call our offices today at (941) 444-4444 and get started with your case.