Burglary constitutes a felony charge and may result in harsh penalties if the court convicts you. A Fort Pierce burglary lawyer could protect your rights and help you defeat the charge.
If you face burglary charges, contact our Board-Certified Criminal Trial Attorney Jonathan Jay Kirschner experienced in theft charges. He brings extensive skill and experience to every case and focuses his practice exclusively on criminal defense matters.
Florida Statute §810.02 defines burglary as entering a dwelling, structure, or conveyance with the intent to commit another crime. A dwelling refers to any building designed for human occupancy, regardless of whether anyone currently inhabits it. A structure means a roofed building not intended for residential use. A conveyance includes motor vehicles, boats, trailers, and railroad cars.
The law does not require the accused to break in to commit burglary—entering without permission or remaining after someone withdraws permission, or after the premises closes, constitutes burglary. Furthermore, a burglar does not need to commit a crime after entering a property or conveyance. The intent to commit another offense alone supports the charge.
Our Fort Pierce defense attorney could review the record of a burglary arrest. When police violate an individual’s rights or obtain evidence improperly, an attorney often succeeds in getting the charges dismissed early in the process.
Burglary always constitutes a felony; however, the severity of the charge depends on the surrounding circumstances. Our Fort Pierce-based criminal defense lawyer for burglary could scrutinize the prosecution’s evidence to confirm whether they possess sufficient grounds to support the specific charge.
A prosecutor may seek burglary as a third-degree felony when someone allegedly enters an unoccupied building or conveyance unarmed and refrains from committing an assault or battery during the event. The court may impose a sentence of up to five years in prison and a $5,000 fine.
The prosecution may pursue a second-degree felony charge when the alleged offender enters an occupied property. Entering a property with the intent to steal controlled substances or accessing an emergency vehicle may also trigger second-degree felony charges. A conviction carries a potential sentence of up to 15 years in prison and a $10,000 fine.
Four circumstances may prompt a first-degree felony charge for burglary. Prosecutors may pursue this charge when the alleged burglar:
A conviction for first-degree felony burglary may result in a prison sentence of up to 30 years and a fine of $10,000.
Convictions for crimes impose consequences that extend beyond incarceration and monetary fines. A judge may order the offender to pay restitution, attend counseling, or complete a period of supervised probation. A conviction also establishes a criminal record that could limit future opportunities for education, employment, travel, housing, and credit. The defense aims to resolve the charge without a criminal conviction or, at a minimum, to prevent a felony conviction.
A close examination of the evidence may expose weaknesses in the prosecutor’s case. Our legal counsel for burglary in Fort Pierce could persuade them to either drop the charge or reduce it to a lesser offense.
In other situations, pursuing a trial and requiring the prosecution to prove every element of the charge may offer a stronger strategy. The prosecutor must establish—beyond a reasonable doubt— that the accused entered a structure or conveyance without permission and intended to commit a crime.
Do not face felony charges without an experienced criminal defense team to represent you. Contact a Fort Pierce burglary lawyer as soon as law enforcement arrests you. One of our team members is always available to speak with you.
