Facing burglary charges can feel overwhelming. Burglary involves entering a property without permission with the intent to commit an offense inside. It’s a serious accusation that carries significant consequences. At Central Justice, we can defend your rights and work towards the best outcome for your situation. If you or someone you know is dealing with these charges, we are here to help.
What Is Burglary?
The charge of burglary is often misunderstood. Many think it simply means stealing from someone’s property, but it’s more specific than that. Legally, burglary involves entering a structure or conveyance without permission, with the intent of committing a crime inside—this doesn’t always mean theft; it could be any illegal act. The key elements are unauthorized entry and the intent to commit a crime once inside. Whether sneaking through an unlocked door or breaking in, if the intent to commit a crime is there, it’s considered burglary. Understanding these specifics can help clarify why burglary charges are so serious.
How Theft and Burglary Differ
Theft and burglary are often confused, but they are distinct crimes with different legal definitions and consequences. Theft is the act of taking someone else’s property without permission with the intent to temporarily or permanently deprive them of it. It doesn’t require breaking into a property and can occur in a variety of settings. Burglary, on the other hand, specifically involves entering a structure or conveyance without permission to commit any crime inside—not necessarily theft. The crucial difference lies in the element of unlawful entry in burglary, which is not required for theft.
The Consequences of a Burglary Charge in Florida
In Florida, the consequences of a burglary charge can be severe. Depending on factors like whether the building was occupied, if the person was armed, and if any assault occurred during the crime, penalties can range from a third-degree felony to a first-degree felony. This could mean anything from five years to life in prison, along with significant fines. Beyond legal penalties, a burglary conviction can tarnish your reputation, affecting job opportunities and community standing. Additionally, for non-citizens, a conviction may impact immigration status, including potential deportation. It’s important to take these charges seriously and seek knowledgeable legal guidance to navigate the complexities of your case and minimize the potential impact on your future.
Defenses Against a Burglary Charge
Defending against a burglary charge effectively requires a detailed understanding of the circumstances and potential legal defenses:
- Lack of Intent: Arguing that there was no intent to commit a crime upon entering the property. This is crucial, as intent is a necessary element to establish burglary.
- Consent: Demonstrating that you believed you had permission to enter the premises, also known as a “mistake of fact,” negates the unlawful entry element.
- Violation of Rights: If evidence was collected through an illegal search or seizure, it might be excluded from the case, weakening the prosecution’s position.
- Alibi or Misidentification: Providing evidence that you were not at the scene when the burglary occurred or challenging the accuracy of witness identifications.
At Central Justice, we explore every angle to construct a defense strategy that addresses the specifics of your case.
Steps to Take If You’re Charged with Burglary
If you’re charged with burglary, taking immediate and careful steps is essential for your defense. First, exercise your right to remain silent; anything you say can be used against you in court. Secondly, avoid discussing your case with anyone but your attorney, as these conversations might inadvertently harm your case. Contacting a knowledgeable criminal defense attorney as soon as possible is essential. A skilled lawyer can help you understand the charges, evaluate the evidence, and develop an effective defense strategy. Early legal intervention can make a significant difference in the outcome of your case, potentially leading to reduced charges or even a dismissal based on the specifics of your situation.
Contact an Experienced Orlando Burglary Defense Attorney
At Central Justice, we vigorously represent those accused of burglary. Our experienced attorneys analyze every detail of your case to craft a defense that aims to secure the best possible outcome for you. If you’re facing burglary charges, don’t wait—contact us today to discuss how we can fight for your rights and protect your future.