The definition of burglary is making an unlawful entry into a structure, conveyance, or dwelling with the intention to commit a criminal offense. An act of burglary is recognized as a felony offense in North Port and across the State of Florida. A conviction of this crime has severe penalties and will most likely result in prison or probation time. The individual’s intention to commit a theft or a felony once they gained access to a property that they were not given permission to enter is a very important element in the crime.
Burglary is a growing issue in the State of Florida. Data released by the FBI states that 89 incidents of North Port burglaries were reported in the year 2019.
A common act of burglary refers to crimes such as breaking into cars or homes. An arrest for burglary can even occur if there is only a small piece of evidence or little information to back up the claim. In most burglary cases, a strong legal defense is required to gather all the relevant facts and demonstrate a lack of evidence for the prosecution to not be able to go through with the conviction of the case.
The penalties for an act of burglary are dependent upon many factors, and they are usually determined by the type of property that was stolen, if the individual was carrying a firearm or a dangerous weapon, and if any assault or battery occurred during the execution of the crime.
If you are facing criminal charges for committing an act of burglary, whether it was breaking and entering into another person’s home or car, then it is important for you to seek legal representation from a reputable law firm as soon as possible.
With over seventy-five years of collective experience and a dedicated team of criminal defense attorneys, The Law Place has seen and done it all. A criminal defense attorney will handle your case with skill and efficiency, and they will make sure that you receive a reasonable outcome for your case.
It is understandable if you are feeling afraid of what comes next following a burglary accusation, as you could be facing years in prison and extensive fines. However, the good news is that you can call a criminal defense lawyer from The Law Place to explain the process to you and guide you through the legal system.
Do the right thing and get in touch with a lawyer from our law firm today. Contact us now on (941) 444-4444 for a free consultation, and we will fight your burglary charges together in North Port.
Definitions of Burglary in North Port, FL.
The definition of burglary is when someone enters a home, structure, or conveyance that is owned by or in possession of another person, with the intention to commit a criminal offense, as outlined in Florida Statute 810.02. However, there is an alternative method. In which someone legally enters a home, structure, or conveyance and secretively remains in the specific location with the intention to commit a criminal offense.
According to Florida Statute 810.011, a structure is defined as any type of building with a roof overhead, whether it is permanent or temporary. A conveyance includes vehicles, railroad cars, sleeping cars, trailers, boats, vessels, ships, or aircraft. A dwelling is defined as any type of building with a roof overhead that is designed to be occupied by people overnight, whether it is permanent or temporary, mobile or immobile.
If you seek the legal counsel of a skilled criminal defense attorney from The Law Place, they will be able to further explain the definition of burglary to you in North Port.
The Types of Burglary Charges in North Port, FL.
A skilled lawyer from our law firm will help you to understand the three types of criminal burglary charges that exist, which can be pressed upon an individual who is caught burglarizing in North Port and across the State of Florida.
Burglary in an unoccupied structure or conveyance is recognized as a third-degree felony, and the penalties include spending up to five years in prison. This is one of the most common burglary charges that tend to be pursued by the prosecution in North Port and across the State of Florida. A third-degree felony is known as a level 4 offense, according to Florida’s Criminal Punishment Code. The types of burglaries that are considered a level 4 offense include:
- The individual did not conduct assault or battery.
- The individual was not armed with an explosive or a dangerous weapon.
- The individual entered and remained in a structure, and there was not another individual present at the time the individual entered and remained.
- The individual entered and remained in a conveyance, and there was not another individual present at the time the individual entered and remained.
An individual will automatically be guilty of a third-degree felony if they had in possession any kind of tool, machine, or implement with the intention to use or allow it to be used for them to commit a burglary or trespass onto a dwelling, structure, or conveyance.
Second Degree Felony
If an individual scores a level 6 offense, then their crime will be escalated to a second-degree felony. The penalties include spending up to fifteen years in jail. A second-degree felony applies if the individual does not commit an assault or battery in the process of committing the crime, and is not armed with an explosive or dangerous weapon, and the individual enters or remains in:
- A dwelling, where another individual is present in the dwelling at the time that the individual has entered and remained.
- A dwelling, where there is not another individual present in the dwelling at the time that the individual entered and remained.
- A structure, where another individual is present in the structure at the time that the individual has entered and remained.
- A conveyance, where another individual is present in the conveyance at the time that the individual has entered or remained.
- An authorized emergency vehicle, as described in Florida Statute 316.003.
- A structure or conveyance when the criminal offense intended to be committed in either of these places is considered theft of a controlled substance, as described in Florida Statute 893.02.
First Degree Felony
If an individual scores a level 8 offense, then this is considered a first-degree felony. The punishments include spending up to a lifetime in prison if the individual committed the following:
- The individual committed an assault or battery on another person.
- The individual was armed, or became armed, with an explosive or dangerous weapon within the dwelling, structure, or conveyance.
- The individual entered an occupied or unoccupied dwelling or structure.
- The individual used a motor vehicle to assist in committing the offense, which caused damage to the dwelling or structure.
- The individual caused damage to the property within the dwelling or structure, or caused damaged to the dwelling or structure itself, which exceeded the cost of $1,000.
The burglary of a dwelling, which also resulted in assault or battery on another person, is considered a first-degree felony, which includes the penalty of spending up to a lifetime in prison. It is worth noting that a level 8 offense requires up to 74 points, according to Florida’s Criminal Punishment Code scoresheet. A burglary involving any type of assault or battery requires the prosecution to prove that the individual entered either a dwelling, structure, or conveyance with the singular intention of committing an offense in the specific location and that they committed an assault or battery on another individual by using a dangerous weapon.
A highly trained lawyer from The Law Place has the necessary knowledge of burglary crimes to help you understand the type of burglary that you have been charged within North Port.
Burglary Penalties in North Port, FL.
A lawyer from our law firm will explain that the sentencing guidelines and criminal charges for an act of burglary will ultimately depend on a series of different factors. For example, the type of dwelling, structure, or conveyance, the method in which the individual committed the offense, and the usage of any weapons during the process of burglarizing.
First Degree Felony
A burglary is considered a first-degree felony based on three factors: if the individual assaulted or battered another individual, if the individual was armed or became armed with an explosive or dangerous weapon within the dwelling, structure, or conveyance, or if the individual entered an occupied or unoccupied dwelling, structure or conveyance by using a motor vehicle as a way to commit the offense. In most burglary cases, the individual will use a car or a truck to crash into the building or structure, which ultimately causes damage to the property and exceeds the cost of $1,000. A first-degree felony tends to result in spending up to a lifetime in prison.
Second Degree Felony
A burglary is considered a second-degree felony if the individual enters the home of another individual, and there is someone present at the time that they entered. For instance, if an individual commits a burglary at night, and there are other people sleeping in the house, then this would be classed as a second-degree felony. However, it is worth noting that the individual can still be charged with burglary, even if no one is at home. An example of being accused of burglary even though no one currently occupies the place is when an individual enters a home that is being used for tax purposes. The penalties of a second-degree felony include spending up to fifteen years in prison, or fifteen years of probation, and also receiving a $10,000 fine. These kinds of burglaries don’t involve individuals who are armed with a dangerous weapon or who have assaulted others.
Third Degree Felony
A burglary is considered a third-degree felony when the facts and circumstances of the case are less serious. The penalties include spending up to five years in prison or five years of probation. In addition, an individual being charged with a third-degree felony could be required to pay up to $5,000 in fines.
No matter the charge that you are facing, a skilled lawyer from The Law Place will be able to find the right defense strategy and prepare your case for court in North Port.
Defenses to the Crime of Burglary in North Port, FL.
There are many defenses that could be used to tackle a charge of burglary in North Port, and a skilled lawyer from our law firm will explore all the options.
The prosecutor is required to prove that you had the singular intention of committing a theft or a felony in the context of you entering a dwelling, structure, or conveyance. If they cannot prove this to be a fact beyond a reasonable doubt, then the crime did not actually take place. Another way for a skilled lawyer to defend a charge of burglary could be a mistake of fact, which basically means that you entered another person’s property in order to take back something that you believe is yours. Or it could be that you entered another person’s property as you believed that you had the owner’s permission to take the item back. In these specific cases, any lawyer will tell you that you would not be guilty of committing an act of burglary.
If you had the owner’s permission at the time you entered the dwelling, structure, or conveyance, then a skilled criminal defense attorney could possibly prove that you did not have the intention to commit an act of burglary. It is also worth adding that if you have been charged with burglary of a dwelling, structure, or conveyance, but you have never entered the specific location before, then a skilled criminal defense lawyer will be able to convince the prosecutor that you have been wrongfully charged as a result of mistaken identity. This means that you may have looked like someone else, or you had the same name as someone who actually committed the crime of burglary, and it was that person who was reported to the police.
A professional lawyer from The Law Place will gather all of the necessary information and facts and get to work on building the best possible defense strategy for your case in North Port.
Contact The Law Place in North Port, FL.
Are you being accused of committing a crime of burglary? Are you unsure of what to do next, and now you fear for your future? The most important thing to realize is that the charges won’t simply go away on their own, especially if you don’t have the services of a reputable law firm on your side to protect your rights and fight for your future.
If you are facing charges of burglary in North Port, then we highly recommend that you seek the legal advice of The Law Place. We have over seventy-five years of combined experience when it comes to helping clients in North Port and across the State of Florida. Our team of professional criminal defense lawyers has vast amounts of knowledge, and they are equipped with a complete understanding of the laws in Florida to guide you through the legal system.
A conviction for the crime of burglary can have negative impacts on your life, which includes affecting your personal and professional life and the repercussions that your family and friends will inevitably feel. In addition, it also makes it difficult for you to seek future employment, and you will be unable to obtain a professional license or a student loan in the future. This is another reason why it is essential for you to hire the services of a criminal defense lawyer from our law firm, as they will be able to save you from facing these dire consequences.
We understand what you are going through, and we want to be the ones to help you every step of the way. Our team of highly trained criminal defense lawyers have the necessary knowledge and skills to assimilate all of the information, lay down the facts, combat your charges, build a strong defense case, and fight for your rights in North Port. We will do everything in our power to reduce the charges and minimize the severity of the consequences that you are facing.
If you are looking for the best legal advice out there, then get in touch with a criminal defense lawyer from The Law Place. When you call our law firm today, a lawyer will be able to offer you some words of advice to help you understand the best move to make going forward.
Contact us now on (941) 444-4444 for a free consultation, and we will fight your burglary charges together in North Port.