Criminal Defense Over 12 Years' Experience Protecting Your Rights

Jacksonville Burglary Defense Lawyers

What Is the Minimum Sentence for Burglary in Florida?

While burglary is considered a 3rd degree felony, some burglaries are subject to enhanced penalties due to the circumstances surrounding the burglary:

  • 3rd Degree Felony - Up to 5 years incarceration &/or a $5k fine.
  • 2nd Degree Felony - Up to 15 years incarceration &/or a $10k fine.
  • 1st Degree Felony - Up to life incarceration &/or a $10k fine.

Florida Statute 810.02 explains the crime of burglary. A burglary takes place when a person enters a home (or a structure) with the intent to commit a crime inside the home. The prosecution can prove burglary in two different ways: by direct evidence, such as witness testimony identifying the accused, or by circumstantial evidence, such as fingerprints.

You can be charged with a burglary of a conveyance if you took anything from a vehicle that did not belong to you, even if that vehicle was unlocked. Similarly, taking something from a shed located in the backyard, or the backyard itself if fenced in, which is called a curtilage as well as any surrounding area of a home. Even if you didn't actually take anything, the State only need to prove that you intended to commit theft.

In either case, you need an aggressive Jacksonville theft crime lawyer on your side. Call The Law Offices of Kate Mesic at (904) 615-8950 to discuss your charge.

Defense Strategies for Your Case

Consent is a defense to a charge of burglary in Florida. However, understand that if the prosecution can show consent was withdrawn at any time by the owner, then the initial consent to enter no longer helps the accused.

A typical example is when Y invites X to a party at Y’s house. After a period of time, Y asks X to leave. This means that Y withdrew his consent, and X is no longer welcome in his home. If X stays inside the house and commits another crime, it becomes a burglary after consent to enter is withdrawn by the owner. But remember another crime needs to be committed, otherwise is just a trespass.

Unfortunately, intoxication is NOT a defense in the State of Florida. Any voluntary intoxication by the accused person whether it is alcohol or drugs is not considered a defense. You may try to show that you had a valid prescription and this was a reaction to the medication.

How Can We Help with Your Burglary Charges?

Our Jacksonville theft crime lawyer will need as much detail from you as possible to evaluate the case. We will examine if a motion to dismiss can be filed based on the facts of the case. We also will evaluate any statements made by the accused to see if any of your rights were violated. If a confession was made, we will determine if it was made freely and voluntarily or was it the product of police coercion, threats or intimidation.

In circumstantial burglary cases, we will look to evidence, such as fingerprints, DNA, or forensic evidence, in order to investigate how the police preserved the evidence, and determine if the evidence is sufficient for the State to prove the burglary charge.

Just like in any criminal case, in prosecution of a burglary, the State frequently uses eyewitness testimony to prove the charge. Research has shown that eyewitness testimony is unreliable, because of poor memory, blurred or hindered vision, misidentification, people who look or sound alike, or confusion about the sequence of events.

Recently, the police have been cracking down on car burglaries in Jacksonville, Clay, and St. Johns Counties. Most people that are being charged are juveniles and young adults. A simple bet or a prank can turn into a felony conviction that will cause a lot of problems in their future. Each case must be carefully evaluated and defended aggressively in order to try and avoid severe punishment associated with burglary charges in Florida.

Call (904) 615-8950 today for a free legal consultation.

Our Clients Share Their Experience

  • “She responded promptly to inquiries and had an excellent knowledge of the issues. I highly recommend Kate.”

    Mike
  • “Best attorney in Jax”

    James Jacksonville, FL
  • “I cannot express my or my daughter's thankfulness for such a skilled lawyer!”

    John
  • “Kate is one of a kind! Her ethics, drive, expertise and support was impressive and reassuring to both my son and myself.”

    Cynthia
  • “Na”

    Wanda Jacksonville, FL
  • “Ms. Mesic was fantastic to work with!”

    Former Client
  • “Kate was able to get the 4 charges faced against me dismissed! I’m not sure anyone else could have helped.”

    Daniel
  • “Thanks to Kate, my charges were reduced and my case was sealed.”

    Former Client
  • “Thank you Kate for all your hard work on this project and the many other contracts I have brought to you or needed you to create!”

    Kathee
  • “I could not be more satisfied with the outcome.”

    Former Client
  • “Excellent Attorney! Highly recommend!”

    Jo
  • “I feel very fortunate to have found Kate Mesic when I was in such a desperate need of legal guidance.”

    Allen
  • “Amazing experience with Esq. Mesic and her staff”

    Jose
  • “Ms. Mesic as has offered very practical legal advice that has been a benefit to me in other areas.”

    Ron T.
  • “Kate and her team will get it done”

    Vicky Zelen Jacksonville, FL

A Jacksonville Firm You Can Trust

Our attorneys will be your guides through this uncomfortable and stressful time. Fill out our secure online form or call (904) 615-8950 to get started.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.