A criminal offense of burglary occurs when the accused willingly enters a dwelling, structure, or conveyance owned or in the possession of another, with the intent to commit a crime while in the dwelling, structure, or conveyance.
Florida statues do not require the offender to physically commit a breaking and entering in the course of a burglary crime. One may be charged with burglary if they simply trespass by walking through an open door.
The burden on the prosecutors is to show beyond a reasonable doubt that there was intent to commit the crime. If intent cannot be proven to commit a crime other than illegally entering dwelling, structure, or conveyance, a burglary conviction is not supported under Florida law.
Some of the burglary charges one may commonly face include, but are not limited to:
If a burglary involves battery as well, the charge may be Burglary with battery which may result in Life Imprisonment in the Florida State Prison.
Law enforcement and prosecutors take burglary charges very seriously due to the potential harm of the general public and will actively seek to gather any evidence against you which will not only support the burglary charge, but that which may support other criminal charges which will add to the charges which you must defend yourself against.
This serves two purposes: To increase the likelihood of a conviction, or to stack the deck against you so that you feel there is no other choice but to accept a plea, even when you are innocent of the charges against you.
This tactic has been proven to be quite effective for the State when the accused does not seek and obtain the legal advice and representation of experienced legal counsel.
Your reputation is not the only thing at stake when facing burglary charges or other criminal offenses, but your liberties, rights, freedom as well. It is well documented that those who are innocent have been known to have served or are currently serving time in our County Jails and State Prisons. You should make every effort to ensure you are not one of these statistics. Seek experienced legal counsel to stand up and fight for your legal rights, giving you the best opportunity to be treated fairly by the criminal justice system.
LAW OFFICE OF
GAIL CHEATWOOD, P.A.
2000 S. Florida Ave., Lakeland, Florida 33801
PHONE: 863.686.0975