Arrested for Burglary?
According to Florida Statutes §810.02 (2011), burglary is considered the entering of a building (no matter whether it is a dwelling, structure or conveyance), with the intentions to commit a crime, such as a forcible felony. This includes remaining in a building or on the premises after the invitation to stay has been withdrawn. Burglary is also referred to as "breaking and entering."
This is considered to be a first degree felony should the subject commit burglary while committing an assault and battery, is armed with explosives or a dangerous weapon, or enters into a dwelling while using a motor vehicle as anything other than a getaway vehicle and causing property damage that exceeds $1,000 in monetary value. This is punishable by up to life imprisonment.
It is also important to recognize that burglary is treated differently should it be committed in a county that has been declared a state of emergency by the Governor. Should a burglary occur and be "facilitated by conditions arising from the emergency," then it will also be considered a first degree felony. This would be, for example, a burglary occurring after a natural disaster because there is panic, vacated houses or limited law enforcement to help put a stop to such criminal actions.
Being Charged With Burglary in Tampa, Florida
Once a person has been charged with burglary, it is usually in their best interest to obtain the services of a reliable attorney. As many burglary cases also involve other crimes, it is likely that the person will be facing multiple charges. By working with an experienced lawyer, people can rest assured that their case will be handled by a professional who will place every effort into contesting their burglary charges, and other related charged.
As these charges are often backed with physical evidence (video surveillance, fingerprints, etc.), a defense lawyer will need to work hard to find evidence or testimony in order to clear their client's name. At Thomas & Paulk, we dedicate the necessary time, energy and resources to our clients - giving them the opportunity to reach a successful outcome for their burglary case.