Representation You Can Turn To For Armed Burglary Charges
Burglary is a felony offense in the state of Florida. Burglary is a first-degree felony if the person commits a battery or assault during the commission of the burglary or becomes armed with a dangerous weapon or causes damage in excess of $1,000.
The consequences of a conviction can be serious in these cases, which is why you should come to the Finkelstein Firm, P.A., in Clearwater for help. I am attorney Jenna Finkelstein, and I can explain the details of your case as I craft your defense.
What Qualifies For These Charges?
Under Florida Statute §810.02, burglary is committed when a person enters or remains in a dwelling, structure or conveyance with the intent to commit an offense therein unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. It is important to understand that entry does not require that the person fully enter the dwelling, structure or conveyance. The crime is complete if any part of the body is entered with the intent to commit an offense therein.
As used in this section, Florida Statute §810.011 defines each of the following:
- “Structure” means a building of any kind – either temporary or permanent – that has a roof over it, together with the curtilage thereof.
- “Dwelling” means a building or conveyance of any kind, including any attached porch – whether such building or conveyance is temporary or permanent, mobile or immobile – that has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.
- “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car; “to enter a conveyance” includes taking apart any portion of the conveyance.
If you have been accused of taking these actions, I can help defend you with my extensive and aggressive representation methods.
Avoiding Felony Charges
Some burglary charges can escalate into felony charges. Burglary can become a first-degree felony when the defendant:
- Commits an assault or battery on a person
- Is or becomes armed within the dwelling, structure or conveyance with explosives or dangerous weapons or enters an occupied or unoccupied dwelling or structure and does one of the following:
- Uses a motor vehicle as an instrumentality (not as a getaway vehicle) to assist in committing the offense and damages the dwelling or structure
- Causes damage to the dwelling or structure or the property, which results in damage in excess of $1,000
Penalties for these charges can even be as high as up to life in prison. When your life is on the line in a case such as these, I will explore every available defense, including:
- Mistaken identity
- Permission, invitation or license to enter
- Lack of intent to commit a crime inside
- Unarmed
- Self-defense
There are many factual and legal issues that must be investigated and evaluated. Because of the complexities and penalties associated with a burglary charge, it is imperative that you speak with an experienced criminal trial lawyer right away.
I am prepared to consider every option of beating, dismissing or reducing your charges to earn the optimal outcome in your case. Being accused of a crime such as burglary does not necessarily mean that you are guilty of said crime.
Fight Your Charges With An Experienced Attorney At Your Side
If you or someone you know has been accused of burglary in Pinellas County or the surrounding areas, then it is very important that you contact an experienced lawyer immediately. My team of investigators and experts and I are highly experienced in defending crimes, and I will begin building your defense today.
Contact my firm for a free analysis of your case at my local office, located in Clearwater. Call me today at 727-202-4418 or email me here to learn about your legal options if you have been accused of burglary. Start building your defense immediately.