Fort Myers Burglary Defense Attorney
What is Considered Burglary?
Although the number has been trending down in recent years, burglary is still one of the most common crimes in Florida. While many people use the term “burglar” or “burglary” to refer to any theft, under Florida law, burglary has a specific definition. This definition is broader than many realize and may surprise some people.
Per Title XLVI, Chapter 810 of the Florida Statutes, a burglary occurs if someone enters or remains in a building or conveyance with the intent to commit a crime inside. While the theft of material goods or money may be the most common crime committed during a burglary, Florida law means unauthorized entry to commit any crime may result in burglary charges.
Florida has a “tough on crime” reputation that it likes to uphold, which means prosecutors aren’t afraid to “throw the book” at anyone arrested for a crime. In the instance of burglary, prosecutors have the opportunity to file multiple charges against an individual. This means burglary cases are often more complex than “simple” felonies, making it easier for a skilled prosecutor to secure a conviction. Don’t become a statistic. If you’ve been charged with burglary in Fort Myers, you must call our experienced criminal defense attorney today to get the legal representation you need.
How are Burglary Charges Handled?
Because they involve multiple crimes taking place, charging and sentencing a person for burglary can become complex. Someone convicted of burglary can be punished for both the burglary itself—that is, entering or unlawfully remaining in a place to commit a crime—and the crime for which they committed the burglary.
Burglary itself is considered a felony. Depending on the circumstances of your case, you may be charged with third-degree, second-degree, or first-degree felony burglary. The type of place that was entered can have an impact on what charges are filed. Under Florida law, there are three types of burglaries:
- Burglary of a Dwelling: Entering Someone’s Home
- Burglary of a Conveyance: Entering Vehicles Including Cars, Trains, Planes, and Boats
- Burglary of a Structure: Entering any Non-Residential, Roofed Building; Often Businesses
Burglary of a dwelling is generally considered the most severe type of burglary and often results in some of the harshest charges. Bringing along weapons or burglary tools can also result in more severe charges.
An important note is that someone does not have to have committed the crime for which they entered someone else’s property to be charged with burglary. For example, suppose someone entered a person’s home intending to rob them but got cold feet and left without taking anything. That person would not be charged with robbery, but could still be charged with burglary.
What are the Penalties for Burglary?
Penalties depend on the type of burglary a person was convicted. They often consist of jail time plus hefty fines.
Third-degree felonies carry a possible penalty of up to five years in prison and a $5,000 fine.
Second-degree felonies are punishable by 15 years in prison and a $10,000 fine.
A first-degree felony is punishable by 30 years in prison and a $10,000 fine.
Because of the nature of the crime, when someone is arrested for burglary, they often face multiple charges. Even one criminal conviction could send someone to prison for years or for the rest of their life. Even if you don’t go to prison, a conviction for a felony offense remains on your permanent criminal record and can have severe repercussions.
What Other Crimes Can I Be Charged With in Addition to Burglary?
Different elements of a burglary can result in more severe penalties. For example, if someone commits battery during a burglary, they may automatically be charged with a first-degree felony and given a mandatory minimum sentence. Having or discharging a weapon during a burglary can also result in more severe penalties.
You may also face penalties for crimes committed during the burglary. Returning to the above example, if someone entered a home and successfully robbed it, that person could be charged with both burglary and robbery. They could also face additional charges or enhancements for having or using burglary tools or a firearm, property damage that occurred as a result of the burglary (such as for a broken window), and more.
These are only a few potential additional charges you may face. If you or a loved one has been arrested for burglary in Fort Myers, you must contact our experienced defense attorney.
What Should I Do if I’m Arrested for Burglary?
Because of the nature of burglary, it’s easy for charges to accumulate quickly. It’s not uncommon for someone charged with burglary to face two, three, or even more additional charges. This can potentially mean years behind bars and a criminal record that can haunt you for the rest of your days. Don’t let burglary charges bring your life to a halt. Contact Melissa Sherman at Sherman Defense Firm, P.A.
With 15 years of courtroom experience and her patented Sherman Defense Technique, Melissa Sherman and her legal team are ready to give you their all. We work with every client to help build a custom defense strategy. We aren’t satisfied until our clients are free, happy, and leading their best lives. If you or a loved one has been arrested for burglary, don’t panic—call Sherman Defense Firm, P.A. right now at 239-539-6818 to schedule your free consultation.