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 However, understand that if the prosecution can show consent was withdrawn at any time by the owner, then the initial consent to enter no longer helps the accused.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 If X stays inside the house and commits another crime, it becomes a burglary after consent to enter is withdrawn by the owner.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.
“I found Kate through a friend who had used her in the past. As the alleged "victim" of a criminal case, she took my requests very seriously and helped ensure I got the outcome I wanted vs. what the state wanted to happen. She understood my concerns and protected me in the court from being asked any questions. She had everything dismissed and resolved in less than a week. I am extremely happy with the outcome and will always recommend her to people.”