According to the law in the county of Port Charlotte and the State of Florida in general, burglary is a criminal offense. Burglary is the act of entering another person’s property without their permission, with the intent to commit a theft.
According to the law in Florida, the prosecution in a burglary case must establish that the defendant was not authorized to enter the property and that the defendant intended to commit a crime once inside. It is classed as a felony offense that carries serious penalties, such as probation, prison, and expensive fines.
If you are facing charges of burglary in Port Charlotte, FL., it is important that you seek legal representation as soon as possible. Felony charges, even of the third-degree, can have serious consequences for your future. An experienced criminal defense attorney from The Law Place in Port Charlotte can help. Contact us today at (941) 444-4444 for a free consultation.
How Do the Florida Statutes Define Burglary
Under Florida Statute 810.02, a burglary occurs when:
- A defendant enters a dwelling, structure, or conveyance that is owned or under the possession of another person and has the intent to commit a crime in that dwelling, structure, or conveyance- unless the property was open to the public at the time or the defendant is licensed to enter.
- Despite being licensed or invited to enter, you remain in a dwelling, structure, or conveyance with the intent to commit an offense after permission has been withdrawn.
The Penalties for Burglary Charges in Port Charlotte, FL.
If you are convicted of burglary in Port Charlotte, FL., the consequences will depend on the facts surrounding the case, but they will always be very serious. For example, if you commit this crime with a deadly weapon, you would be charged with a first-degree felony. But if you committed this crime with no weapon, you will still face second-degree felony charges.
The penalties for felony charges in Port Charlotte, FL., are as follows:
- Third-degree felony – The burglary of an unoccupied structure, where no assault occurred, is classed as a third-degree felony. This is the most common charge in burglary cases in Florida. If you are convicted of third-degree felony burglary, you will face up to five years in prison, up to $5,000 in fines, and up to 5 years’ probation. This is the minimum charge for burglary crimes.
- Second-degree felony – The burglary of an unoccupied or an occupied structure, where no assault occurred, may be enhanced to a second-degree felony under some circumstances. If you are convicted of second-degree felony burglary, you will face up to fifteen years in prison, up to $10,000 in fines, and up to fifteen years’ probation.
- First-degree felony – The burglary of an unoccupied or an occupied structure may be enhanced to a first-degree if the defendant commits assault or battery, is armed with explosives or a dangerous weapon, uses a vehicle as an instrument to assists in the offense, and damaged the property or causes damage to the property in excess of $1,00. If you are convicted of first-degree felony burglary, you will face life in prison.
A felony conviction will remain on your record for life and can prevent you from obtaining certain jobs, housing, and financial security. The only way to avoid these felony charges is to have your case dropped altogether or have your charges reduced. An experienced Port Charlotte, FL., criminal defense lawyer from our law firm can put forward the best defense for you, so contact us now for a free consultation.
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Call The Law Place Today for a Free Consultation
The serious penalties associated with this crime can have severe consequences for you and your future. Therefore, having the right representation is vital. The Law Place has been serving Port Charlotte, FL., for many years and has helped thousands of clients just like you achieve successful outcomes in their criminal cases. Let an experienced criminal defense lawyer from our law firm, who has the knowledge and experience of criminal law, protect your rights and fight your case.
If you are facing criminal charges, you will need legal advice from an experienced criminal defense attorney right away. So, contact us today at (941) 444-4444 for a free consultation.
