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Florida’s statute defines burglary as any crime that involves an individual entering a dwelling or structure owned by another individual with the intention of committing an offense. This includes “breaking and entering,” which is a felony offense in Florida.
Florida is known for carrying out harsh punishments for theft crimes – if you’ve been arrested for burglary, regardless of the circumstances, you should not hesitate to retain trusted legal counsel from a Jacksonville burglary lawyer at Problems? Pick Porter!™
At Problems? Pick Porter!™, our criminal defense attorneys have approximately 100 years of combined legal experience. Attorney Porter maintains a 10.0 Superb rating on Avvo. We understand how isolating the criminal justice system can be – should you choose to hire our firm, you can trust that you won’t have to face the system alone. Choosing the right burglary attorney in Jacksonville can mean the difference between having your charges dropped or reduced and facing severe penalties, oftentimes including jail time.
Yes. In Florida, breaking and entering is a felony because it is just another term for the crime of burglary, which is a felony in Florida. It does not matter if you simply broke into the premises and left without committing any other offense – in Florida, breaking and entering is a felony.
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Burglary is a complicated charge in Florida because it encompasses several scenarios that can result in a felony penalty. Burglary of a dwelling can result in more severe penalties if the homeowner is asleep and a burglar breaks in. Burglary can also be charged when a structure, an abandoned building, or a conveyance (a vehicle) is breached. If the perpetrator confronts someone during a burglary and is armed, or assaults or batters the person confronted, penalties quickly mount if convicted, to years behind bars.
In Florida, burglary — as well as breaking and entering – can be either charged as a first, second, or third degree felony. An individual can be charged with burglary in the first degree if he or she commits assault or battery on any person, is armed when entering the dwelling, or brings damage to the dwelling in excess of $1,000. First-degree burglary can be punished by life in prison.
Second-degree burglary carries a penalty of 15 years in prison or 15 years of probation, in addition to $10,000 in fines. Second-degree burglary is typically charged when an individual enters a dwelling or structure that is being occupied by another person, while third-degree burglary is defined as burglary committed by an individual who enters or remains in a structure that is not occupied by another person. Third-degree burglary carries penalties of up to 5 years in prison, 5 years of probation, and $5,000 in fines.
Common burglary defense strategies include:
If a Jacksonville Police officer or Duval County Sheriff’s deputy confronts and arrests you for burglary, do not offer any apology or explanation. You are only required to identify yourself, and after that, you are entitled to legal representation so you do not incriminate yourself, even if you are innocent.
Upon arrest, an officer must read you your rights and inform you that you are entitled to be represented by a competent attorney. Should an officer fail to read you your Miranda rights and continue to interview you, our Jacksonville burglary defense lawyers can question the constitutionality of your arrest and may be able to get police evidence thrown out.
Because you are entitled to a legal advocate, Pick Porter!™, and we will intercede once you call us, no matter what time of day or night.
After you are arrested because law enforcement has probable cause to believe you committed a burglary, always a felony, you have entered the criminal court process. These steps include:
Your dedicated burglary attorney in Jacksonville will conduct an additional investigation by examining evidence, consulting expert witnesses, reconstructing events, and building a credible defense, depending on your circumstances. This case-building time can also include negotiations with the prosecutor to secure a beneficial plea agreement. If you accept the agreement, our attorneys will speak with you at length about the ramifications and will appear with you in court to accept the terms. If a plea agreement is not reached, we painstakingly prepare for trial, including pretrial motions to suppress tainted evidence or limit a witness’s testimony to specific points.
At trial, a jury will hear the prosecutor’s opening statement and then your defense attorney’s. The prosecutor will present evidence and witnesses that your attorney can question. Closing statements complete the trial process, after which the jury will deliberate on your fate.
At Problems? Pick Porter!™, our attorneys have almost a century of combined experience, much of it spent serving clients in Florida. We know the judges and prosecutors who will define your future, and they know us as fair and formidable defenders.
At Problems? Pick Porter!™, our Jacksonville burglary lawyer practices in the state and federal courts, making us well-equipped to defend you regardless of the obstacles you face. We handle each case with the utmost integrity and professionalism, which earned us the AV Preeminent Rating from Martindale-Hubble, which is the highest rating awarded to attorneys for ethical conduct and legal ability.
You still have rights, and we can help protect them. Contact our firm today to schedule a free one-hour consultation.