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Burglary charges can have long-lasting implications that affect how you live your life, so you need to take such charges seriously. Start by working with an established local legal team that has a reputation for success and a track record of helping people in similar situations.
If you are under suspicion or facing charges of committing a burglary, you should not delay. The earlier you meet with a Fleming Island burglary lawyer at the Law Offices of Jason K.S. Porter, P.A., the better chance we have of successfully resolving the criminal matter. Our experienced theft attorneys could advocate for you through every stage of the prosecution.
What Constitutes Burglary Under State Law?
According to Florida Statutes § 810.02, burglary occurs when a person enters a property, conveyance, or structure with the intent to commit a crime, such as when someone breaks into their neighbor’s property to steal something. Burglary does not necessarily have to occur in a home or building. It can also involve a vehicle, such as a car, boat, or airplane.
Burglary can also occur when a person remains in a property for the purpose of committing an offense after their permission to be there has been withdrawn. For instance, an individual would be committing burglary under state law if they entered a store during regular business hours, hid in the back, and remained there until after the store closed with the intention of stealing something.
Burglary is a felony offense. The circumstances surrounding the alleged crime could determine whether the defendant faces first-, second-, or third-degree felony charges. These factors include:
- Whether the burglary occurred with battery
- Whether the defendant possessed a dangerous weapon or explosive
- Whether someone else was in the structure when the burglary occurred
- Whether it caused damage to the structure or any property
Our knowledgeable attorneys in Fleming Island are well-versed in the state burglary laws. We could take the time to explain the charges, enabling you to make informed decisions about your next steps.
Potential Defenses to Burglary Charges
Although burglary is a serious offense, being charged with burglary is not the same as being convicted of it. With assistance from our skilled legal team, you have the opportunity to mount a strong defense.
Consent
To convict you of burglary, the prosecutor must prove that you were on the property without the owner’s consent. Our attorneys may be able to help you find evidence that you had the owner’s permission to be on the premises and that the permission did not end. For instance, if you were on a property that was open to the public, such as a store, you were there with the owner’s consent.
Lack of Intent
Our lawyers could help you prove that, even though you were on the property, you were not there with the intent to commit a crime. For example, you could argue that you went to a movie theater during business hours and fell asleep. While you might have been there after normal operating hours, it was only because you were sleeping, not because you intended to steal something or harm someone.
Mistaken Identity
You could argue that you were not on the property at the time the alleged burglary occurred. Our legal team could present evidence from an alibi witness who is able to testify where you were at the time of the incident. You could also dispute the testimony of the witnesses who identified you.
Violation of Your Rights
The police and prosecution have a duty to obey the Constitution. Our legal team could determine whether law enforcement violated any of your constitutional rights during their investigation or the arrest.
Our Fleming Island lawyers could find the defense strategy that best fits your breaking and entering case. Contact the Law Offices of Jason K.S. Porter, P.A. to learn more.
Contact a Fleming Island Attorney for Help With Your Burglary Case
Burglary is a felony offense, and conviction could result in life-altering consequences. If you are facing burglary charges, work with a Fleming Island burglary lawyer who knows how to skillfully defend you. Contact our dedicated local legal team, and let us fight aggressively to protect your rights and your freedom. Problems? Pick Porter™!