Sarasota Burglary Lawyer

Aggressive Defense Against Burglary Charges in Florida

In the realm of criminal law, allegations of burglary can be complex and daunting. If you are entangled in a burglary case in Sarasota, Florida, look no further than Fowler Law Group. Our accomplished team of legal professionals is committed to safeguarding your rights and adeptly navigating the intricacies of burglary charges.

Facing Burglary Charges? We Can Help!
Protect your rights with an experienced Sarasota burglary lawyer. Contact us today at (941) 900-3100 for a consultation.

What is Burglary?

Under Florida law, burglary involves entering a dwelling, structure, or conveyance intending to commit an offense. This offense encompasses a broad spectrum, from residential break-ins to unlawfully entering commercial premises. The critical elements of burglary revolve around the accused's intent at entry. Whether facing charges related to a home, business, or vehicle break-in, Fowler Law Group has the expertise to construct a strategic defense tailored to your circumstances.

Penalties for Burglary in Florida

Burglary convictions in Florida come with severe consequences, reflecting the state's commitment to the safety of its residents. Penalties vary based on the degree of burglary, with three distinct categories:

Third-Degree Felony (§810.02(3)(c), Florida Statutes):

• Maximum imprisonment of up to 5 years
• Fines not exceeding $5,000

Second-Degree Felony (§810.02(2)(c), Florida Statutes):

• Maximum imprisonment of up to 15 years
• Fines not exceeding $10,000

First-Degree Felony (§810.02(2)(a), Florida Statutes):

• Maximum imprisonment of life or any term of years
• Fines not exceeding $10,000

These penalties underscore the gravity of burglary charges, emphasizing the need for a skilled legal advocate to navigate the legal landscape and protect your rights.

Defenses Against Burglary Charges

Facing burglary charges requires a robust defense strategy, and Fowler Law Group provides precisely that. Our attorneys meticulously examine case details to construct a defense tailored to your situation.

Common defenses against burglary charges include:

• Lack of Intent: Demonstrating the accused lacked the intent to commit a crime upon entry is a powerful defense. Our attorneys analyze the circumstances to challenge the prosecution's assertions.
• Lawful Entry: Establishing the accused had a lawful right to be on the premises can undermine burglary charges. This defense may involve proving consent, invitation, or other legal justifications for being on the property.
• Mistaken Identity: Sometimes, mistaken identity is a viable defense. Our legal team investigates to identify any discrepancies in witness testimony or evidence that may cast doubt on the accused's involvement.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. If evidence is lacking, our attorneys exploit weaknesses in the case for a favorable outcome.
• Constitutional Violations: Violating the accused's constitutional rights can lead to evidence suppression. Fowler Law Group scrutinizes law enforcement procedures to identify breaches that may impact evidence admissibility.

Navigating burglary charges demands a legal team with the expertise to craft an effective defense. Fowler Law Group combines legal acumen with a commitment to securing the best outcome for our clients.

Florida Burglary Laws Explained

Burglary is a serious offense under Florida Statute §810.02. It occurs when someone enters a dwelling, structure, or conveyance with the intent to commit a crime inside.

• Dwelling – A home or residence where people live, including temporary or seasonal housing.
• Structure – Any building with a roof, such as offices, stores, or warehouses.
• Conveyance – Vehicles, boats, or any other mode of transportation.

Burglary differs from other property crimes, such as:

• Trespassing – Simply entering someone else’s property without permission, but without the intent to commit a crime.
• Robbery – Taking property directly from a person using force, threats, or intimidation.
• Home Invasion – Breaking into an occupied home and committing a crime while people are inside.

Each of these offenses carries different penalties, making it crucial to understand the exact charges you may be facing.

Aggravating Factors That Can Increase Burglary Penalties

Certain circumstances can elevate burglary charges to more severe penalties, such as:

• Possessing a weapon – Carrying a firearm or deadly weapon during a burglary can escalate the charge to a first-degree felony, which may result in life imprisonment.
• Assaulting or threatening someone – If the accused harms or threatens someone inside the property, the penalties increase significantly.
• Committing burglary while on probation or parole – Being on probation or parole at the time of the crime can result in harsher sentences or immediate revocation of probation.

These factors can significantly impact the defense strategy, making it essential to have a strong legal team on your side.

Differences Between Residential and Commercial Burglary

Burglary charges can vary depending on whether the crime occurred in a residential or commercial setting.

Residential Burglary

• Involves breaking into a home, apartment, or any place where people live.
• Considered more serious because it invades personal privacy.
• Can lead to longer prison sentences, especially if the home was occupied.

Commercial Burglary

• Occurs in businesses, offices, or stores.
• May carry lesser penalties than residential burglary but can still lead to felony charges.
• Factors like property damage, stolen items, or prior offenses can increase penalties.