What kind of penalties can one face for Burglary in Florida?
Jan 30, 2019 07:26
Florida law defines burglary as the entry or occupation of another person’s home with the intent to commit an unlawful act. The law further divides burglary into three categories: 1st, 2nd, and 3rd degree. The prosecutor can add additional offenses if the damage done to the home was carried out with a motor vehicle or if the total cost of the damage exceeds $1,000.
A conviction on 1st degree burglary carries the most severe sentence: life imprisonment and a $10,000 fine. Most prosecutors go for 2nd degree, which still carries up to 15 years in prison and a fine of $10,000.
If you have been arrested on a burglary charge, you are in serious trouble; and it is important to keep your head and focus on the challenge before you. Unless you are actually caught in the act—at the scene of the crime—there are many plausible defenses that you can put forward. If you are arrested as a suspect in a burglary that took place weeks or months ago and you know you did not do it, your first move should be to call a criminal defense lawyer.
The authorities may try to pressure you into confessing. They may try to coax you into making a statement by promising that things will go alot easier for you if you do. Don’t fall for it. You are innocent until proven guilty, and you should maintain your Fifth Amendment right not to turn in evidence against yourself.
Once your lawyer arrives, they will advise you on how to answer the questions put forward by the police. If you are too shaken up to talk, your lawyer can speak on your behalf.
The first action your lawyer will take is to review and evaluate the evidence the police say they have against you. Law enforcement officials often exaggerate the evidence they have against persons in custody. If your lawyer discovers that nothing the police have connects you to the crime they’re investigating, they can arrange for your release.
However, if the police have evidence that passes the legal threshold, then your case will move forward and you will have to start preparing your defense. Your lawyer will be eager to get your side of the story. They will use this to begin putting together your legal defense.
Your arrest may be the result of mistaken identity. Burglaries usually take place at night. The victim of the burglary, their neighbors, or some other eyewitness may have identified you as the perpetrator because you look very much like him. This is not an uncommon occurrence.
You may also be accused of burglary as an act of revenge. Some people are capable of anything. And you may not know the people close to you as well as you think. If you had a bad argument with a loved one or had a falling out with a friend, do not dismiss the idea that their way of getting back at you is to accuse you of something you did not do.
No matter the events and circumstances that led to your arrest, your defense attorney will take up your cause. In the end, the prosecutor must put you at the scene of the crime and must have proof that you committed an illegal act. Your lawyer will take a fresh look at the evidence and point out the shortcomings of the prosecution’s case and unsoundness of the arguments they are trying to make against you.