Brevard County Burglary Lawyer

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Brevard County Burglary Attorney

There are several ways to define burglary in Brevard, Florida, but each can have a long-lasting impact on your future if you are convicted. Not only could you face jail time and fines, but the impact on your criminal record could create difficulties in finding housing, employment, or future educational opportunities. The type of burglary you are charged with, and the circumstances surrounding it, could leave you with many questions.

The team at Chang Law Firm has the answers that you are looking for. Our firm has the skill and experience to help defend you from these charges. We don’t use a standardized strategy because we take time to investigate the circumstances of your case. We know the long-term impacts a criminal conviction could have, which drives our commitment to preserving your rights throughout the legal process as well as providing you with top-notch representation.

Brevard County Burglary Lawyer

Burglary in Florida

Burglary in Florida is defined as illegally entering a building, dwelling, or conveyance with the intent to commit a crime. If you legally enter a building, but still intend to commit a crime, it could also be considered burglary. Burglary is considered a felony, and charges range from the first through the third degree. It is important to understand that, even if a crime is not committed after entering a building, conveyance, or dwelling, you could still be charged with burglary.

Florida law has further divided burglary charges by the type of property that is a part of the crime. Each type has its own set of circumstances that could impact not only the severity of the charge but also the type of penalty you could receive. The three types of burglary are:

  • Burglary of a Dwelling: This refers to any structure that is used for temporary or permanent habitation. This includes attached porches that have a roof over them or a habitable conveyance of any kind, such as an RV.
  • Burglary of a Conveyance: This refers to a motor vehicle, railroad car, vessel, ship, aircraft, or sleeping car.
  • Burglary of a Structure: This is any structure that was not designed for habitation, such as an office building, a place of business, or any building with a roof over it.

In addition to the type of property in question, prior convictions, the use of violence, and other mitigating circumstances could determine the penalties you may face.

Burglary Penalties

All burglary charges in Florida are considered felonies and therefore come with severe repercussions. If you are convicted of a felony, the minimum charge, a third-degree felony, could result in a five-year prison sentence and fines of up to $5,000. However, the other circumstances of the case will determine the type of felony you face.

Third-Degree Felony

If you are charged with a third-degree felony, the offense is considered to have been minimal. There were no injuries during the commission of the crime, or the burglar was unarmed. If the property was unoccupied at the time of the crime, this too could reduce the charge to a third-degree felony.

Second-Degree Felony

If you face second-degree felony charges, the following may have occurred:

  • You may have committed the crime with the intent of stealing a controlled substance.
  • You entered an emergency vehicle without authorization.
  • The property in question was occupied.
  • You entered an occupied property without violence.

If convicted of a second-degree felony, you could face up to fifteen years in prison and up to $10,000 in fines.

First-Degree Felony

For a first-degree felony, the most severe, the consequences could mean prison time for up to thirty years and up to $10,000 in fines. You may face this charge if the burglary was committed in addition to assault and battery or if you were armed during the commission of the crime. If a motor vehicle was used in the commission of the crime, or you caused property damage, you could face an additional $1,000 or more in fines as well.

While prison time and fines are enough to worry about, additional penalties you could face include:

  • Probation
  • Fees for court costs
  • The loss of voting rights
  • Losing the right to own a gun

Common Burglary Defenses

While no two cases are alike, there are several common ways to defend burglary charges. Defenses that could apply to your case include:

  • You had permission to be on or in the property in question.
  • There is a lack of proof of intent.
  • The property in question is considered public domain.
  • The property fails to meet the definition of a dwelling, structure, or conveyance according to Florida definitions.
  • The charges against you were exaggerated and unprovable through evidence.
  • It is a case of mistaken identity, and you were not the one who committed the crime.

Your criminal defense attorney can investigate your case and determine the right course of action based on the circumstances.

FAQs About Brevard, FL Burglary Lawyer

How Do You Beat a Burglary Crime Charge in Florida?

Having your burglary charges reduced or dismissed, or being acquitted of them, is a matter of the circumstances of your case and building the right defense. Your defense attorney can conduct an independent investigation, review police reports, and analyze the evidence against you to challenge your charges. Being honest with your attorney about the facts of the case can help them build a stronger defense.

Is Burglary the Same as Breaking and Entering in Florida?

While the two charges are technically different, they are viewed the same in terms of the penalties you could face. Both are considered felony charges, regardless of the circumstances. Often, the two charges are filed with each other and could then be read as “burglary due to breaking and entering.”

Can You Burglarize Your Own Home in Florida?

Depending on the circumstances of the case, you could be charged with burglary. While your name may be legally on your home, if there is a court order that restricts you from being on the property, then you could be charged with burglary because you do not have permission to be there. However, if you are trying to enter your home because you locked yourself out, you would not be charged.

What Is the Minimum Sentence for Burglary Crimes in Florida?

All burglaries are considered felonies. If you are found guilty of a third-degree felony, the lowest, then you could face up to five years in prison and fines of up to $5,000. If there are other mitigating circumstances with your charge, then you could face additional penalties on top of the burglary charge. Your criminal history could also have an impact.

Brevard County Criminal Attorney

Florida’s strict laws against convicted criminals mean that your conviction could carry serious weight, both in and out of the legal system. In addition to prison time and fines, you could face voting restrictions, difficulty securing a home, trouble finding a job, and more. The defense team at Chang Law Firm knows how serious this can be and is committed to defending you. Our team can investigate the circumstances of your case and build a defense that meets your needs. You don’t have to face your charges alone. Our team can work to have your burglary charges dismissed or reduced before your case even enters the courtroom. With our experienced and knowledgeable criminal team, you can have the confidence you need to fight back. Contact our offices today.

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