Burglary Lawyer Daytona Beach, FL
Defense for Burglary Charges in Florida
If you have been accused of burglary, it’s imperative that you speak with an experienced Daytona Beach burglary lawyer you can trust to protect your rights and help you fight your charges. Burglary is a serious criminal offense that involves unlawful entry into a structure or dwelling with the intent to commit a crime.
Burglary is one of the most common felony offenses in the state of Florida, and the prosecutors and law enforcement agents who handle these types of cases will come after you aggressively. In Florida, burglary laws are stringent, and a conviction can lead to severe penalties, including imprisonment.
You need to make sure you have an experienced and skilled legal professional looking out for your best interest, and making sure you have a strong and compelling defense. With the help of a dedicated Daytona Beach burglary attorney from Hager & Schwartz, P.A., you will drastically improve your chances of resolving your case in way that doesn’t compromise your rights or damage your future.
What is Burglary?
Burglary is defined as the unauthorized entry into a dwelling (home), structure, or conveyance (vehicle) with the intent to commit a criminal offense therein. This criminal offense is taken seriously by both law enforcement and the legal system, as it invades personal privacy and can result in theft, vandalism, assault, or other crimes. In cases where intent to commit a crime cannot be established, a person may be charged with criminal trespassing.
Florida Burglary Laws
Florida's burglary laws are codified in Chapter 810 of the Florida Statutes. According to these statutes, burglary can be committed in several ways, each carrying varying degrees of severity and corresponding penalties.
Burglary Penalties in Florida
The penalties for burglary convictions in Florida are substantial and can include imprisonment, fines, probation, restitution to the victim, and mandatory counseling or treatment programs. The severity of the penalty depends on the degree of burglary and other factors surrounding the case.
Degrees of Burglary in Florida
Florida recognizes three degrees of burglary:
- First-Degree Burglary: This involves unlawfully entering a dwelling or structure and committing a crime while armed or becoming armed in the course of the burglary. It is a felony of the first degree and carries a maximum penalty of life imprisonment.
- Second-Degree Burglary: In this case, the defendant enters a dwelling or structure with the intent to commit a crime but is not armed. It is a felony of the second degree and carries a maximum penalty of 15 years in prison.
- Third-Degree Burglary: This pertains to unlawful entry into a non-dwelling structure with the intent to commit a crime. It is a felony of the third degree and carries a maximum penalty of 5 years in prison.
In addition, if someone is injured or killed during the commission of burglary, the defendant will undoubtedly face enhanced penalties.
Elements of Proof Required by the Prosecution
To secure a burglary conviction, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant entered a structure, dwelling, or conveyance.
- The entry was unauthorized.
- The defendant had the intent to commit a crime inside the structure, dwelling, or conveyance.
Distinction between Theft and Burglary in Florida
Theft and burglary are distinct offenses in Florida.
- Theft, also known as larceny, involves unlawfully taking someone else's property with the intent to permanently deprive them of it.
- Burglary, on the other hand, involves the act of unauthorized entry with the intent to commit a crime.
While theft can occur without burglary, burglary often includes theft as one of its potential criminal objectives.
Can a Burglary Charge Be Dropped?
Whether or not a burglary charge can be dropped depends on the circumstances of the case, the evidence available, and the strategy pursued by the defense attorney. In some instances, charges may be dropped due to lack of evidence, violations of the defendant's rights, or successful negotiation with the prosecution.
Defenses for Burglary Charges in Florida
Defending against burglary charges in Florida requires a thorough understanding of the law and the ability to craft a strong defense strategy.
Some potential defenses that Hager & Schwartz, P.A. may employ include:
- Lack of Intent: If the defendant can show that they did not have the intent to commit a crime when entering the structure, this can weaken the prosecution's case.
- Lack of Evidence: If the prosecution lacks sufficient evidence to prove all elements of the burglary charge, the defense can challenge the case's validity.
- Alibi: Providing evidence that the defendant was not at the scene of the crime when the burglary occurred can cast doubt on their involvement.
- Mistaken Identity: If there is uncertainty about the defendant's identity as the perpetrator, the defense can argue that they were mistakenly identified.
- Unlawful Search and Seizure: If evidence was obtained through an illegal search or seizure, it may be inadmissible in court.
Representing Burglary Charges in Volusia County, FL
If you’re facing burglary charges in Volusia County, you should contact the Daytona Beach burglary lawyers at Hager & Schwartz, P.A. to learn how we can defend you against your charges and protect your best interest throughout the criminal process. As former prosecutors, we know how the prosecuting attorneys will likely build and develop their case, and we can prepare a solid defense accordingly. Helping you avoid a criminal conviction is always our number one objective!
I thoroughly recommend Brett Schwartz as a defense attorney.
“I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us.”
Should you ever need a defense attorney, he is the person to contact.
“I was referred to Brett Schwartz by a friend facing very serious charges. He was very understanding and also very honest, walked us through the process of what could happen from beginning to end best case scenario and of course worst case scenario.”
If you need help go see Brett!
“We worked with Brett on a domestic violence charge. He was the third lawyer we went to and we FINALLY got the result we desired. His knowledge of the law, the system and straightforwardness are beyond impressive.”