Florida Burglary Attorney – Defending Your Rights Against Burglary Charges
Facing a burglary charge in Florida is a nerve-wracking experience. Feelings of uncertainty and anxiety can be overwhelming, but remember, you’re not alone. At Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC, we stand with you, ready to mount a robust defense on your behalf. Our seasoned Florida burglary lawyers are experts in dealing with various burglary charges and will offer the legal counsel you require to navigate this challenging period.
Understanding the Types of Burglary Charges in Florida
Florida law categorizes burglary charges based on the specifics of each crime. These categories are:
- Burglary of a Dwelling: This crime involves unauthorized entry into a home or any other place used as a residence. The crucial element is the intent to commit an offense therein.
- Burglary of a Structure: Here, the crime consists of unlawfully entering any building or structure (not used as a dwelling) with an intent to commit a crime.
- Burglary of a Conveyance: This type of burglary relates to unauthorized entry into any mode of transport. Whether it’s a car, boat, or trailer, the intent to commit a crime remains the key factor.
- Possession of Burglary Tools: This charge arises when someone possesses tools typically associated with burglary (like a crowbar or lockpick) with an intention of using them for illegal purposes.
Navigating Florida’s Burglary Laws – What You Need to Know
Florida’s burglary laws are intricate, requiring a deep understanding for effective defense. Burglary of a Dwelling, for instance, is a first-degree felony that could result in life imprisonment. The severity escalates if the dwelling was occupied or if the offender was armed. The complexity underscores the need for a skilled Florida burglary lawyer.
Why You Need a Florida Burglary Lawyer on Your Side
Burglary charges carry serious implications, potentially impacting your freedom, livelihood, and reputation. A knowledgeable Florida burglary lawyer can provide crucial legal advice, build a strong defense, and negotiate effectively on your behalf. With an expert in your corner, your chances of a favorable outcome significantly improve.
How Leppard Law Can Help You Fight Burglary Charges
At Leppard Law, we understand the gravity of burglary charges. We have extensive experience in dealing with such cases and an impressive record of favorable outcomes for our clients. Our approach involves thorough case analysis, identification of potential defenses, and aggressive representation in court. We stand by our clients at every step of the legal process, providing regular updates and explaining the possible implications of each development.
How to Defend Against Burglary Charges in Florida
Being accused of a burglary crime can have serious consequences, potentially impacting your freedom, livelihood, and reputation. But remember, an accusation is not a conviction, and every individual is entitled to a robust defense. Here at Leppard Law, we are seasoned in crafting strong defense strategies against various types of burglary charges. This article explains some of the potential defenses against burglary charges, including motions to suppress and alibi defenses, that we may use in your case.
Motion to Suppress
A motion to suppress is a powerful tool that your Florida burglary lawyer can employ to eliminate evidence that was obtained illegally or in violation of your constitutional rights. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. If law enforcement failed to secure a search warrant or if the warrant was based on weak or false information, evidence collected may be deemed inadmissible. A successful motion to suppress can significantly weaken the prosecution’s case and may even lead to a dismissal of charges.
An alibi defense is grounded on the premise that you were elsewhere when the alleged crime occurred. By providing credible proof of your whereabouts during the time of the offense, such as surveillance footage, witness testimonies, or digital evidence (like GPS data or timestamped transactions), we can create reasonable doubt about your involvement in the alleged crime. This type of defense requires meticulous preparation and compelling presentation.
Other Potential Defenses
Other defense strategies that might be applicable, depending on the circumstances of your case, include:
- Consent: If you can prove that you had permission to enter the property, this can be a valid defense against a burglary charge.
- Lack of Intent: Burglary charges require proof of intent to commit a crime at the time of entry. If we can create reasonable doubt about this intent, it can be a powerful defense.
- Misidentification: Mistaken identity is not uncommon in burglary cases. If we can challenge the reliability of identification procedures or witness testimonies, we may be able to effectively defend against the charges.
Frequently Asked Questions About Burglary Charges in Florida
1. What is the difference between burglary and theft in Florida?
Burglary involves the unlawful entry into a dwelling, structure, or conveyance with the intent to commit a crime therein, while theft involves unlawfully taking someone else’s property. You can be charged with burglary even if no theft occurred. Conversely, you can be charged with theft without having committed burglary.
2. What are some potential defenses against burglary charges?
A seasoned Florida burglary lawyer may employ a variety of defense strategies depending on the specifics of your case. Possible defenses include lack of intent to commit a crime, consent to enter the property, misidentification, or the presence of an alibi. Remember, each case is unique and requires a tailored defense strategy.
3. What does “intent to commit an offense therein” mean?
In the context of burglary, “intent to commit an offense therein” means that at the time of unlawful entry, the accused had a plan to commit a crime inside the dwelling, structure, or conveyance. It’s important to note that the intended crime doesn’t need to be theft—it can be any crime.
4. Does it matter if the property was vacant at the time of the alleged burglary?
Yes, it can impact the severity of the charges and the potential penalties. If a dwelling was occupied at the time of the burglary, it can enhance the severity of the crime, potentially leading to more serious charges and harsher penalties.
5. Can a vehicle be considered a “dwelling” under Florida law?
While a vehicle is not typically considered a dwelling, Florida law may categorize a vehicle as a dwelling if it was being used as a residence at the time of the alleged offense. This is another area where a Florida burglary lawyer can provide clarity based on your specific case.
6. If I was arrested with burglary tools but did not commit a burglary, can I still face charges?
Yes, in Florida, possession of burglary tools with the intent to use them unlawfully can be a crime in itself, even if no burglary occurred. The prosecution would need to prove you intended to use those tools for burglary or another crime.
Get in Touch With a Skilled Florida Burglary Lawyer Today
Each case is unique and requires a customized defense strategy. At Leppard Law, we can assess the specifics of your situation and devise a defense plan that maximizes your chances for a positive outcome. Contact us for a free consultation today.