Fort Lauderdale Burglary Lawyer
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If you have been charged with burglary, you may be in serious legal trouble. If convicted of burglary, it is likely that you will be spending time in jail or prison, depending on the circumstances of the crime. Burglary goes by many names, the most common of which are "breaking and entering," and "housebreaking." Together, all of these terms define the same set of actions – illegal entrance into a building for the purpose of committing an offense.
According to Florida law, §810.02, the following defines burglary:
- Entering a dwelling or structure without invitation and with the intent of committing a crime
- Sneaking into the dwelling or structure to commit a crime without an invitation
- Permission to be inside the dwelling has been taken away and the individual intends to commit a crime
In Florida, state specific statutes define the crime even further. Here, burglary is considered to have occurred whenever a person enters a building or structure that is not, at the time, open to the public, with the intention of committing an offense while on the premises of the building or structure. This means that the law is broad enough to include a wide range of offenses.
What Warrants a Charge?
Burglary charges are one of the most common offenses in Florida. It can come about when a young person with bad associations gets talked into breaking into someone's house and stealing (this will likely include a theft charge), or it can be as serious as using a weapon to threaten individuals in the house and stealing high-value items. Each charge carries different penalties, and the most serious felonies may result in a punishment of up to 30 years in state prison.
Even if you do not actually enter the house or other building, and only enter the yard, and do not steal anything, if it can be proven that your intent was to commit burglary, you will be charged with the offense. There have been numerous cases in which a person entered someone's home, in some cases an ex-wife or other ex-relationship, an argument came about and the police were called and the person accused of burglary.
If the individual making the accusation claims that they were pushed or otherwise attacked by the accused, and that they were not given consent to enter the home, you can be charged with a first-degree felony, and may be facing up to 30 years in state prison if convicted.
Hire an Experienced Defender
In any burglary charge, it is of utmost importance that you have high-quality legal representation from a Fort Lauderdale burglary attorney. If the burglary charge is related to breaking into a car, school or other structure that is not a dwelling, it may be possible to get the accused into a diversion program and have a dismissal of the case. There are many types of negotiations that may be possible, but no matter what it is imperative to retain an aggressive defender to protect your rights and advocate on your behalf.
Call our Ft. Lauderdale burglary lawyers at Hager & Schwartz, P.A. to discuss your case.