Jacksonville Burglary Defense Lawyers

What Is the Minimum Sentence for Burglary in Florida?

While burglary is considered a 3rd degree felony, some burglaries are subject to enhanced penalties due to the circumstances surrounding the burglary:

• 3rd Degree Felony - Up to 5 years incarceration &/or a $5k fine.
• 2nd Degree Felony - Up to 15 years incarceration &/or a $10k fine.
• 1st Degree Felony - Up to life incarceration &/or a $10k fine.

Florida Statute 810.02 explains the crime of burglary. A burglary takes place when a person enters a home (or a structure) with the intent to commit a crime inside the home. The prosecution can prove burglary in two different ways: by direct evidence, such as witness testimony identifying the accused, or by circumstantial evidence, such as fingerprints.

You can be charged with a burglary of a conveyance if you took anything from a vehicle that did not belong to you, even if that vehicle was unlocked. Similarly, taking something from a shed located in the backyard, or the backyard itself if fenced in, which is called a curtilage as well as any surrounding area of a home. Even if you didn't actually take anything, the State only need to prove that you intended to commit theft.

In either case, you need an aggressive Jacksonville theft crime lawyer on your side. Call The Law Offices of Kate Mesic at (904) 615-8950 to discuss your charge.

Defense Strategies for Your Case

Consent is a defense to a charge of burglary in Florida. However, understand that if the prosecution can show consent was withdrawn at any time by the owner, then the initial consent to enter no longer helps the accused.

A typical example is when Y invites X to a party at Y’s house. After a period of time, Y asks X to leave. This means that Y withdrew his consent, and X is no longer welcome in his home. If X stays inside the house and commits another crime, it becomes a burglary after consent to enter is withdrawn by the owner. But remember another crime needs to be committed, otherwise is just a trespass.

Unfortunately, intoxication is NOT a defense in the State of Florida. Any voluntary intoxication by the accused person whether it is alcohol or drugs is not considered a defense. You may try to show that you had a valid prescription and this was a reaction to the medication.

Protect Your Rights with Experienced Burglary Defense Lawyers

Being charged with burglary can have serious consequences, including hefty fines and potential jail time. It is crucial to have a skilled defense attorney on your side to protect your rights and fight for the best possible outcome in your case.

At The Law Offices of Kate Mesic, P.A., our Jacksonville burglary defense lawyers have years of experience representing clients facing burglary charges. We understand the complexities of Florida burglary laws and will work diligently to build a strong defense strategy tailored to your specific situation.

When you choose us to represent you, you can expect:

• Personalized attention and support throughout your case
• Thorough investigation and analysis of the evidence against you
• Aggressive advocacy in negotiations and in the courtroom
• Clear communication and guidance every step of the way

Don't face burglary charges alone. today to schedule a consultation and learn how we can help protect your rights and defend your future.

Expert Legal Support for Jacksonville Burglary Charges

Our Jacksonville theft crime lawyer will need as much detail from you as possible to evaluate the case. We will examine if a motion to dismiss can be filed based on the facts of the case. We also will evaluate any statements made by the accused to see if any of your rights were violated. If a confession was made, we will determine if it was made freely and voluntarily or was it the product of police coercion, threats or intimidation.

In circumstantial burglary cases, we will look to evidence, such as fingerprints, DNA, or forensic evidence, in order to investigate how the police preserved the evidence, and determine if the evidence is sufficient for the State to prove the burglary charge.

Just like in any criminal case, in prosecution of a burglary, the State frequently uses eyewitness testimony to prove the charge. Research has shown that eyewitness testimony is unreliable, because of poor memory, blurred or hindered vision, misidentification, people who look or sound alike, or confusion about the sequence of events.

Recently, the police have been cracking down on car burglaries in Jacksonville, Clay, and St. Johns Counties. Most people that are being charged are juveniles and young adults. A simple bet or a prank can turn into a felony conviction that will cause a lot of problems in their future. Each case must be carefully evaluated and defended aggressively in order to try and avoid severe punishment associated with burglary charges in Florida.

Contact Us at (904) 615-8950 for a Free Legal Consultation on Burglary Defense

Helpful Resources

• Florida Department of Law Enforcement - Information on crime statistics and resources for victims and consumers
• City of Jacksonville Official Website - Information on local laws and resources for residents