Burglary is a serious property crime under Florida law, carrying potentially severe penalties that can impact a person’s freedom, finances, and future. If you’re arrested for burglary in Broward County, our Fort Lauderdale criminal defense lawyers will fight to defend your rights and work toward the best possible outcome with the least impact to your life.
Defined broadly as entering a structure, dwelling, or vehicle without authorization and with the intent to commit an offense, Broward burglary charges can become even more severe when certain aggravating factors are involved. Florida law carefully outlines the elements of burglary under F.S. 810.02, with related statutes addressing burglary tools (F.S. 810.06) and cross-county travel with intent to commit burglary (F.S. 843.22).
Navigating these complex statutes and their implications requires a thorough understanding of their elements, penalties, and potential defenses. It also underscores the importance of securing an experienced Fort Lauderdale criminal defense attorney to help you through the process.
Legislative Intent Behind Florida’s Burglary LawsThe Florida Legislature’s intent behind burglary statutes, as detailed in F.S. 810.015, is to protect the sanctity of homes, businesses, and vehicles. The law recognizes the disruption and harm caused by unlawful entry, not just in terms of property loss but also the potential danger to occupants and others. Burglary statutes are designed to deter offenders and to hold them accountable for intrusions that threaten individual security and public safety. This framework provides context for the strict penalties associated with burglary offenses.
Florida Statute § 810.02: Burglary Defined
Under F.S. 810.02, burglary involves unlawfully entering or remaining in a structure, dwelling, or conveyance with the intent to commit an offense. The statute breaks down burglary into various degrees of severity based on aggravating factors, such as the presence of occupants or the use of weapons.
The essential elements of burglary include:
Penalties for burglary vary depending on the circumstances. For example, armed burglary or burglary of an occupied dwelling constitutes a first-degree felony, punishable by up to life in prison. On the other hand, burglary of an unoccupied structure is typically charged as a second-degree felony, carrying a maximum penalty of 15 years in prison.
The case of Delgado v. State (2000) is a landmark Florida Supreme Court decision clarifying that intent must exist at the time of unlawful entry. This precedent highlights the importance of proving intent in burglary cases, which can become a focal point in a robust defense.
Florida Statute § 810.06: Possession of Burglary ToolsFlorida law also criminalizes the possession of burglary tools under F.S. 810.06. This statute aims to deter preparatory actions that might facilitate a burglary. For an individual to be charged under this statute, the prosecution must prove both the possession of tools and the intent to use them for unlawful purposes.
Tools commonly cited in these cases include crowbars, lock picks, and even everyday items like screwdrivers, provided they are intended for use in committing a crime. Possession of burglary tools is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Florida Statute § 843.22: Cross-County Travel with Intent to Commit BurglaryAnother unique aspect of Florida burglary law is addressed in F.S. 843.22, which makes it a crime to travel across county lines with the intent to commit burglary. This statute was enacted primarily to combat organized crime and serial offenders who exploit jurisdictional divides to avoid detection and prosecution.
Cross-county travel with criminal intent adds a layer of complexity to burglary cases. While the penalties typically align with those of the underlying burglary offense, the act of crossing county lines can be used as an aggravating factor during sentencing. This provision highlights the state’s commitment to addressing burglary as a coordinated and premeditated crime.
Comparing the Statutes: Similarities and Differences
While F.S. 810.02, F.S. 810.06, and F.S. 843.22 are interconnected, they address distinct aspects of burglary-related offenses. All three statutes share a focus on intent, making it a central element in each case. However, they differ in scope and application.
For example, F.S. 810.02, burglary, focuses on the unlawful entry itself, while F.S. 810.06, possession of burglary tools, criminalizes preparatory acts involving tools. Meanwhile, F.S. 843.22, traveling across county lines with intent to commit a burglary, targets the movement across jurisdictions with criminal intent, a provision unique to Florida. Understanding these nuances is essential for mounting an effective defense.
Defense Strategies for Burglary ChargesDefending against burglary charges requires a careful analysis of the facts, evidence, and applicable laws. One of the most effective strategies is challenging the prosecution’s ability to prove intent. Without clear evidence that the defendant intended to commit a crime at the time of entry, the charges may not stand.
Another common defense is asserting consent. If the defendant had permission to enter the property, the unlawful entry element is negated. Similarly, mistaken identity can be a powerful defense, especially in cases relying on eyewitness testimony.
For cases involving possession of burglary tools, the defense might argue that the items were intended for lawful purposes or were not in the defendant’s possession at the time of arrest. Additionally, any evidence obtained through an illegal search or seizure can be challenged and potentially excluded, which could significantly weaken the prosecution’s case.
The Importance of an Experienced Criminal Defense LawyerBurglary charges carry heavy consequences, from lengthy prison sentences to a permanent criminal record that can affect future opportunities. An experienced Fort Lauderdale criminal defense lawyer is invaluable in navigating the complexities of Florida’s burglary statutes and building a strong defense. A skilled attorney can examine the evidence, identify weaknesses in the prosecution’s case, and negotiate plea deals or reduced charges when appropriate.
Statistics from the Florida Department of Law Enforcement show that burglary remains a common property crime, with more than 50,000 reports made and thousands of arrests each year. However, these cases often hinge on subjective elements like intent and circumstantial evidence, making a strategic defense critical to achieving a favorable outcome.
Protect Your Future – Call Us Today!Florida’s burglary laws, as outlined in F.S. 810.02, F.S. 810.06, and F.S. 843.22, reflect the state’s commitment to protecting property and public safety. While the laws are strict, they also leave room for robust defenses that challenge the prosecution’s evidence and interpretation of intent.
If you or someone you know is facing burglary charges in Fort Lauderdale or the surrounding area, it’s essential to act quickly. Hiring an experienced criminal defense attorney can make all the difference in navigating the legal process and protecting your rights. Contact our firm today for a consultation, and let us help you build a strong defense to safeguard your future.
Contact the Fort Lauderdale Criminal Defense Lawyers at The Law Offices of Richard Ansara by calling (954) 761-4011.