Theft Crimes: Burglary
Crimes Against Property
The city property crime rate in Miami was higher than the national property crime rate average by 64.17% in 2009. Burglary is classified as a property crime because it involves the act of entering a dwelling, business or structure with the intent of stealing or committing a felony crime inside the premises. This crime is prosecuted aggressively by state prosecutors in Florida, and it is necessary to seek help from a knowledgeable Miami criminal defense attorney to avoid serious penalties.
According to Chapter 810 of the Florida Statutes, burglary (and trespassing) is a criminal offense. It is important to define the terms, so that you know exactly what you are facing. In order for a burglary charge to be valid, there has to have been some structure or dwelling involved. This is any building that has a roof and is either a temporary or permanent place. There has to be some found intent when speaking of burglary as well. There must have been a lack of consent on behalf of the individual(s) that own the building or dwelling and intent to take something from that property. Public places that have posted notices of penalties and “no trespassing” signs, if they are trespassed on, the violator may be guilty of a first or second degree misdemeanor. For a complete list and definitions of the Florida Statutes involving burglary and trespass, follow the link.
Fighting Your Trespassing Charges
Here at Parks & Braxton, PA, we firmly believe that you deserve the best defense possible. If you entered a home, garage, warehouse, aircraft or any other type of residence that was inhabited and then committed a felony offense, you will be charged with 1st degree burglary, a first degree felony offense in Florida. This crime can result in up to a 30 year maximum prison term, up to $10,000 in fines and many other penalties.
Second degree burglary involves the offense of entering a residence with the intent of committing a crime inside. In order for you to be convicted of this level of burglary offense, the crime does not actually have to take place. This specific crime is punishable by up to 15 years in state prison, but an attorney from our firm can help you fight for a reduced or dismissed sentence. We take burglary charges very seriously because we have seen the devastating impact that a conviction can have on an individual's life. You can be confident that your case is in the right hands when you contact Parks & Braxton, PA about your burglary charges.