In the State of Florida, you will be facing third-degree felony charges if you are found to be in possession of burglary tools, which means you also risk being sentenced to severe penalties, including fines and jail sentences. To have a chance at beating these charges and avoiding punishments, you need the help of an experienced criminal defense lawyer.
If you have been charged with possession of burglary tools in North Port, Florida, it’s essential that you get in touch with The Law Place. The attorneys at our law firm have over 75 years of combined experience in helping and supporting clients as well as professionally representing them in court, so get in touch today. Our phone lines are open 24 hours a day, 7 days a week, so don’t delay! Call The Law Place today for a free consultation at (941) 444-4444.
Possession of Burglary Tools Charges in North Port, FL.
The offense of possessing burglary tools is defined under Florida Statute 810.06, where it states that it is a third-degree felony to possess “any tool, machine, or implement” with the intent to use them to commit a burglary or trespass. It doesn’t matter if the attempt to commit burglary was successful or not.
What Is Considered a Burglary Tool in Florida?
Under Florida law, even common household items can be considered a “tool, machine, or implement” that could be used in a burglary if it is a “dual-use” item. “Dual-use” items are objects that usually serve lawful purposes but could also be used to facilitate a burglary if there is evidence to show that the tool was intended to be used in such a way. These items can include bolt cutters, a pry bar, a hammer, screwdrivers, and even a credit card or steel spatula, as these items could potentially be used to open a lock.
Put simply, burglary tools aren’t just actual lock-picking tools. Any “dual-purpose” tools are classed as burglary tools if the intent to commit a burglary can be proven, and so you could be charged with possession of burglary tools. However, under Florida Statute 810.06, personal apparel (clothing) is not considered a burglary tool, regardless of whether there is evidence that there was intent to use the items in a burglary. This includes items such as gloves, despite how they are often used in burglaries to avoid leaving behind fingerprints.
It is possible that people who face charges of possession of burglary tools had no intention to ever use those items in a burglary and may not have even realized that they could be used in this way. However, without a skilled criminal defense attorney helping you, it may prove impossible to escape conviction. For invaluable help and a higher chance at beating these charges, contact The Law Place today and schedule a free consultation with one of our highly qualified lawyers.
Elements of the Crime of Possession of Burglary Tools in Florida
In order to stand a chance at successfully convicting you with possession of burglary tools, the prosecution must be able to prove the following three elements:
- You had the intent to commit a burglary or to trespass.
- You were in possession of a tool, machine, or implement, and you intended to use this tool, machine, or implement to help you commit the burglary or trespass.
- You made at least one overt act toward committing the burglary or trespass. As the prosecution could not have known your state of mind at the time, they have to be able to prove that you acted in someway upon your intent and were going to follow through with it.
As it is the job of the prosecution to prove these elements, it is the job of your criminal defense attorney to prevent them from being able to successfully do so and stop you from being convicted. The lawyers at The Law Place have extensive experience in helping clients and working on these types of cases, and so it’s imperative that you get in touch with us today to discuss the specifics of your case and receive reliable legal advice.
Contact our law firm to schedule a free consultation and begin the work to avoid a conviction.
Penalties for Possession of Burglary Tools in North Port, FL.
The offense of possessing burglary tools is a third-degree felony in Florida, which means it’s an incredibly serious charge. While all cases are different, and the penalties offenders are sentenced to depends on the circumstances surrounding their specific case, below are the penalties that people convicted of the possession of burglary tools can expect:
- Up to five years jail time.
- Up to five years of probation.
- Up to $5,000 in fines.
Because of the effects that a conviction of possession of burglary tools can have on the rest of your life, it’s crucial that you get in touch with a criminal defense lawyer as soon as possible. If you choose to work with The Law Place, you can trust that you’ll get the help of a team of skilled and experienced attorneys with the knowledge needed to build a strong and solid defense on your behalf. We are determined to do everything possible to secure the best outcome for you and avoid a conviction. With decades of experience helping clients involved in cases just like yours, it’s in your best interest to call us for help as soon as possible, so book a free consultation with us today.
Additional Consequences of a Possession of Burglary Tools Conviction in North Port, FL.
As well as the penalties that the court may sentence you to, a conviction of possession of burglary tools will mean you have a third-degree felony permanently on your criminal record. Criminal records are accessible to all the public, and so your record could directly prevent you from the following:
- Obtaining employment.
- Securing student loans.
- Possessing a firearm.
- Renting a home.
- Obtaining a professional license.
Potential Defenses to Possession of Burglary Tools in North Port, FL.
Once you enlist the help of a criminal defense lawyer from The Law Place, they will begin working on your defense by thoroughly investigating your case and collecting evidence to strengthen your defense. Every case is different, which means every defense must also be different and tailored to your circumstances. Therefore, it’s important you get in touch with our law firm as soon as possible to give our lawyers plenty of time to craft an excellent defense.
However, there are some common defenses that our lawyers have successfully used to defend clients from these sorts of charges before, which can be seen below:
- The tools were not yours, or they were not in your actual physical possession.
- There is a lack of evidence that the tools were used in an attempt to burglarize or trespass.
- You did not overtly act toward the commission of a burglary.
- The state only has circumstantial evidence that you ever intended to commit a crime.
- You were using the tools for their intended purpose, and there’s no proof that you actually intended to commit a burglary or to trespass.
With the help of the criminal defense lawyers at The Law Place, it will be much more likely that you will receive the best outcome possible, whether that’s reduced or dismissed charges, an acquittal, or lenient penalties. You can trust that our attorneys have the experience and knowledge required to thoroughly investigate your case, gather strong evidence, and build a strong defense that they can professionally argue in court on your behalf. So don’t hesitate! Contact The Law Place today and schedule your free consultation to give our attorneys plenty of time to work on your case.
What Is the Time Limit for the Prosecution of a Possession of Burglary Tools Case in North Port, FL.?
In Florida, there are rules that limit how long the state has to raise charges for a crime that has been committed, these can be found under Florida Statute 775.15. The exceptions to this are capital felonies, life felonies, and felonies that resulted in a death, as these have no time limits.
However, there is a limit for third-degree felonies, which is what possession of burglary tools is classed as. The law dictates that prosecution has to be commenced within three years after the alleged crime has been committed. If it has been more than three years after the alleged third-degree felony offense was committed, then the prosecution will not be able to take the case to court.
What a North Port Criminal Defense Lawyer Can Do for You
While it is within a defendant’s rights to defend themselves in court, this is often a bad idea. Instead, it is a much better and safer idea to hire an experienced lawyer to help you fight your charges.
The main purpose of a criminal defense lawyer is to counsel their client, gather and examine all the relevant evidence, sort through all necessary paperwork, prepare to cross-examine any witnesses, and build a competitive defense strategy.
Arguably the most important job of your defense lawyer will be to represent you and make a compelling and factual argument in court for the judge and jury to consider.
It’s important that you contact a criminal defense lawyer as soon as you have been arrested and charged with possession of burglary tools to give them plenty of time to work on your case and give you the best chance at a favorable outcome. So call The Law Place today to schedule a free consultation.
The Law Place
If you or a loved one have been charged with the possession of burglary tools in North Port or elsewhere in Florida, then The Law Place is here to help you.
Our team of criminal defense attorneys has a vast amount of experience in dealing with the Florida legal system and helping clients who faced charges just like yours. You can trust that we will do everything we can to ensure that you avoid a criminal record, jail time, and other serious penalties, if not all. We understand that a possession of burglary tools conviction can have a huge negative impact on your finances, career, and personal life for decades to come, and we don’t believe that you deserve this for making a simple mistake.
Our attorneys are experienced, highly skilled, and well-equipped to provide you with the support, legal advice, and guidance that you need throughout this difficult process. By calling us today and scheduling a free consultation, you will be guaranteed a meeting with a qualified lawyer who will be able to advise you on the best options for your case and answer any queries you may have. We will use all of our resources to fight on your behalf, so don’t delay.
Call us today at (941) 444-4444. Phone lines are open 24/7.