If you are found to be in possession of burglary tools in Venice or elsewhere in the State of Florida, then you will be facing serious third-degree felony charges and will risk being sentenced to severe penalties, including lengthy jail sentences and high fines. In order to have a chance at avoiding a conviction and the associated consequences, you will need the help of a skilled criminal defense attorney.
If you have been accused of possession of burglary tools in Venice, Florida, then you need to get in touch with The Law Place as soon as possible. The lawyers at our law firm have over 75 years of collective experience in dealing with the Florida legal system and supporting and representing clients, so contact us today. Our phone lines are open 24/7, so for invaluable legal advice that you can trust, call The Law Place today and schedule a free consultation at (941) 444-4444.
Possession of Burglary Tools Charges in Venice, FL.
Florida Statute 810.06 defines the crime of possessing burglary tools as when someone is in possession of any tool, machine, or implement with the intent to use them or allow them to be used to commit burglary or to trespass. This is a third-degree felony charge. You will still face this same charge whether your attempt to commit burglary was successful or not.
What Is Considered a Burglary Tool in Florida?
Burglary tools aren’t just lock-picking tools. Many tools can be classed as burglary tools if the prosecution can prove the intent to commit a burglary. In fact, it may surprise you to know that even common household items may be considered a “tool, machine or implement” that could be used in a burglary under Florida law. However, this is only if it’s a “dual-use” item.
“Dual-use” items are used to describe objects that have a main, lawful purpose but could also be used to facilitate a burglary. There must be sufficient evidence to prove that the tool was intended to be used in this way. Examples of these items include bolt cutters, pry bars, screwdrivers, hammers, or even credit cards or steel spatulas, as they could potentially be used to open a lock. Therefore, if you are found with any “dual-use” items in your possession, and the prosecutor can prove your intent to commit burglary, you could be charged with possession of burglary tools.
However, something that is not considered a burglary tool under Florida Statute 810.06 is personal apparel or clothing, even if there is evidence that there was intent to use the clothing in a burglary. This includes items like gloves, which are often used in burglaries to avoid leaving behind fingerprints.
In many cases, people who face charges of possession of burglary tools may have never had any intention to use these items in a burglary and often may not have even realized that they could be utilized in that way. However, even if this is the case for you, it may be impossible to prove this and escape conviction without the help of an experienced criminal defense lawyer. To increase your chances of a positive result for your case, contact The Law Place today to schedule a free consultation with one of our talented lawyers.
Elements of the Crime of Possession of Burglary Tools in Florida
When you go on trial for possession of burglary tools, the prosecution must prove the following three elements beyond a reasonable doubt:
- You had the intent to commit a burglary or to trespass.
- You possessed a tool, machine, or implement that you intended to use to help you commit the burglary or trespass.
- You made at least one overt act toward committing the burglary or trespass and were going to follow through with it.
It will be the job of your criminal defense attorney to prevent the prosecution from being able to successfully prove these elements so that you are not convicted. The attorneys at The Law Place have extensive experience and knowledge, and you can rely on their help and support throughout this trying time. So get in touch with us today and schedule a free consultation. We will discuss the specifics of your case with you and advise you on your best options, then we can begin the work to help you avoid a conviction.
Penalties for Possession of Burglary Tools in Venice, FL.
In Florida, it is a third-degree felony if you are charged with possession of burglary tools, meaning it’s an incredibly serious charge. Like with all types of criminal offenses, each individual case is different, and so the sentence you may receive depends on your specific circumstances. Despite this, the list below shows the penalties that defendants convicted of possession of burglary tools will usually face:
- Up to five years jail time.
- Up to five years of probation.
- Up to $5,000 in fines.
Because of how severe the penalties you face can be, it’s crucial that you contact a criminal defense lawyer as soon as you’ve been accused of possessing burglary tools. If you decide to hire an attorney from The Law Place, you can be sure that a team of skilled and experienced lawyers will help you by building a solid defense on your behalf. We promise to fight tirelessly to ensure we secure the best possible outcome for you. With decades worth of knowledge and experience, it’s in your best interest to call us for help today, so don’t hesitate to book a free consultation.
Additional Consequences of a Possession of Burglary Tools Conviction in Venice, FL.
If you are convicted of possession of burglary tools, you won’t just experience the punishment that the court may sentence you to, but you will also have a third-degree felony permanently on your criminal record. As criminal records are accessible to the public, it may prevent you from the following:
- Securing future employment.
- Continuing or successfully applying for education.
- Obtaining financial help, such as mortgages, student loans, and other loans.
- Possessing a firearm.
- Obtaining many types of professional licenses.
- Renting a home.
Potential Defenses to Possession of Burglary Tools in Venice, FL.
A criminal defense lawyer from The Law Place will begin working on your defense as soon as you hire us. Our team will thoroughly investigate your case and gather any relevant evidence that will strengthen your defense. Every case is different, and so every defense must be tailored to a client’s specific circumstances. For this reason, you should contact us immediately to ensure that we have plenty of time to craft an aggressive defense on your behalf.
Listed below are some common defense that our lawyers have used to defend our clients from similar charges in the past:
- The tools were either not yours or not in your actual physical possession.
- There is not enough evidence to prove the tools were used in an attempt to commit a burglary or trespass.
- You didn’t commit an overt act of burglary.
- There is only circumstantial evidence that you ever had the intent to commit a crime.
- The tools were being used for their intended purpose, not for burglary or trespass.
It is much more likely that you’ll receive the best possible outcome with the help of the criminal defense lawyers at The Law Place. Depending on your case, this may be a reduced or dismissed charge, an acquittal, or lenient penalties. Regardless, you can trust our attorneys to build a strong defense and professionally argue it in court to secure the best result. So don’t hesitate! Contact The Law Place today and schedule your free consultation.
What Is the Statute of Limitations for a Possession of Burglary Tools Case in Venice, FL.?
The statute of limitations is stated in Florida Statute 775.15. Essentially, it means that in Florida, there are rules that limit how long law enforcement can raise charges for a crime that’s been committed. However, there are exceptions to this, as capital felonies, life felonies, and felonies that resulted in death have no time limits.
However, third-degree felonies, like the crime of possession of burglary tools, do have a time limit. The law dictates that law enforcement has three years after the crime has been committed to charge someone. If it’s been more than three years since the offense, then the prosecution will likely never be able to take the case to court.
What a Venice Criminal Defense Lawyer Can Do for You
In the State of Florida, a defendant can defend themselves in court. However, this is often a very bad idea, and it’s much safer to hire an experienced lawyer to help you fight a conviction.
The main purpose of your criminal defense lawyer will be to counsel you, as well as to discover, gather, and examine all the relevant evidence, prepare and send off all necessary paperwork, cross-examine the prosecution’s witnesses, and build a strong defense strategy.
One of the most important jobs of your defense lawyer will also be to skillfully represent you in court and put forward a compelling and factual argument.
To give yourself the best chance at a favorable outcome, it’s vital that you contact a Florida criminal defense lawyer as soon as you’ve been charged with possession of burglary tools to give them enough time to work on your case.
Contact The Law Place Today!
If you or a loved one are facing possession of burglary tools charges in Venice or elsewhere in Florida, then The Law Place is here to help you.
Each of our criminal defense attorneys has extensive experience in working alongside the Florida legal system and supporting clients facing charges similar to yours. We don’t believe that you deserve such harsh and long-lasting consequences for a small mistake. A conviction can have a huge, negative impact on your career, personal life, and finances for decades to come. You can trust that we will do everything we can to ensure you avoid a conviction, and therefore a criminal record, jail time, and all other serious penalties.
Our attorneys are highly skilled, well-equipped, and experienced, so you can be sure that we will provide you with all the support, guidance, and legal advice that you need throughout this difficult process. We will use all of our resources to fight on your behalf. By calling us today and booking a free consultation, you will be ensuring that you get to meet with a qualified lawyer who will answer any queries you may have. Our phone lines are open 24 hours a day, 7 days a week, so don’t delay!
Contact us today at (941) 444-4444!