In Ocala, FL, burglary (Florida Statute 810.02) is a property crime that involves breaking a home, structure, or conveyance. The intent is to commit a criminal offense. There are many instances where people confuse this with theft or robbery, but the difference is that burglary happens on the victim’s property. Being charged with this felony means you need a professional Burglary defense lawyer in Ocala, FL.
Burglary is a serious offense that leads to pretty severe punishments. So you won’t just get probation or pay a fine. There’s a huge chance of you going to prison. If you want to ensure that you’re well represented in court, hire an attorney to form the best Burglary Defenses in Ocala, FL, with the help of Smith & Eulo.
Learn more about burglary in Ocala, FL
When a person enters or remains in another person’s dwelling intending to commit a criminal offense, it’s considered a burglary. And in Florida, it’s already a felony, so you can be charged with severe penalties. These may include long-term imprisonment and probation. At the same time, you will be ordered to pay steep fines.
If you or a loved one is currently being charged with a burglary offense, it’s in your best interest to find a Burglary defense attorney in Ocala, FL. Having these charges on your record can result in difficulties, especially in applying for a loan, finding a job, and obtaining higher education. As you can see, it can prevent you from achieving many things.
With the stiff penalties that come with a burglary charge, working with an Ocala, FL, Burglary Defense Lawyer is the best course of action.
Types of burglary
Burglary of dwelling
Burglary of a dwelling is one of the most common types of burglary. It’s when someone breaks into another person’s home with the intent to commit a crime. It’s a term used for permanent or temporary inhabitation.
Burglary of structure
This type of burglary targets a structure other than a dwelling, such as an office or a store. The penalties for this are the same as those for burglary of a residence.
Burglary of conveyance
It happens when someone breaks into another person’s vehicle with the intent to commit a crime. The types of vehicles include a sleeping car, ship, railroad vehicle, motor vehicle, aircraft, vessel, or ship.
Penalties for a burglary charge
The consequences a person accused of burglary may face depend on the circumstances of the offense. The building or structure where the crime occurred, the weapon used to commit the criminal act, and how the crime was perpetrated are some of the most important and carefully studied variables.
Burglary can be three types: first-degree, second-degree, and third-degree.
First-degree felony for burglary
A burglary can be considered a first-degree felony if the accused or defendant:
- Commits assault or battery
- Is armed with a dangerous weapon or explosives within the dwelling, structure, or conveyance
- The defendant entered the unoccupied dwelling or structure and used a motor vehicle as an instrumentality, which resulted in damage to the dwelling or structure.
Once charged with first-degree burglary, penalties may be up to life imprisonment.
Second-degree felony for burglary
A second-degree felony is given when the defendant doesn’t commit an assault or battery, the defendant didn’t carry a dangerous weapon, and when the defendant enters or remains in a:
- Dwelling and there’s either a person or not another person at the time the offender enters or remains.
- Structure, and there’s either a person or not another person at the time the offender enters or remains
- Conveyance, and there’s either a person or not another person at the time the offender enters or remains
A second-degree burglary charge has penalties of up to 15 years in prison and 15 years of probation. Additionally, there’s a fine of $10,000.
Third-degree felony for burglary
A burglary is considered a third-degree felony if the defendant:
- Enters a structure, and there’s no person in the structure at the time they entered or remained
- Enters a conveyance, and there’s no person in the conveyance at the time they entered or remained
A third-degree felony charge means a penalty of up to five years in prison and five years probation with a $5,000 fine.
The common defenses against a burglary charge
With a competent lawyer’s help, they can form a strong defense case that will either lessen the charges or dismiss the case. So you shouldn’t enter a plea if you haven’t talked to a criminal defense attorney first.
Some of the common defenses that a qualified and experienced lawyer can form are the following:
- Alibi is a defense that argues the defendant wasn’t at the crime scene when it occurred. The lawyer will need to provide enough evidence to back up this claim. It can be in video footage, pictures, or witness statements
- Consent as a defense against burglary claims that the dwelling, structure, or conveyance owner agreed or consented for the defendant to enter or remain
- Lack of proof in terms of the accused or defendant’s identity
- The defendant entered the conveyance or dwelling without the intention to do a criminal act. It doesn’t apply to closed businesses
- The defendant had a legitimate presence in the conveyance or dwelling. An example is if the defendant is a repairman, postman, and more
- The defendant was falsely accused of committing the crime. This happens more often than people realize
- Inadequate withdrawal of permission to be present
- Implied permission
The attorney must develop a strategy when it comes to defending you. They can use any common defenses above as long as there’s enough evidence to prove them.
Burglary is a felony that can result in severe punishment. Protect your rights & hire an experienced lawyer
Hiring a lawyer is every person’s right; you must exercise it by hiring a skilled lawyer who knows how to handle your case.
If you or your loved one find themselves in a situation where you are being accused of Burglary? Call us right away at 352 505-9810 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Ocala office, we have offices in the following cities across the state of Florida:
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