Burglary of a Conveyance
The criminal justice system has a pattern of using confusing or misleading terms for things that are quite simple. When new clients call charged with an offense like burglary of a conveyance, the first question often asked is "what is a conveyance." A conveyance is an old-timey term for a means of transportation, so under the wording of the statute, it could constitute a car, a motorcycle, a bus or even a train. When most people think of burglary, the most common association is with a residential burglary. A burglary of a home or business is a different crime entirely, charged as either a burglary of a dwelling-a home-or burglary of a structure-usually a business.
However, the most common type of burglary charged in Florida is likely burglary of a conveyance. Burglary of a home is a dangerous and often serious crime, burglaries of businesses are risky because of the presence of security and video surveillance. Burglary of a conveyance, on the other hand, often occurs out on the street with parked cars or other vehicles. People often leave their vehicles exposed or even unlocked, making them prime targes for theft. Burglary of a conveyance, though it is often a crime of opportunity, is a far more serious offense than most people expect. Anyone facing charges for burglary of a conveyance should contact a dedicated Sarasota criminal lawyer for representation right away.Elements of Burglary of a Conveyance
Under Florida Statute 810.02, burglary of a conveyance is defined as entering a conveyance with the intent to commit an offense therein, or remaining in a conveyance with the intent to commit an offense after invitation into the conveyance has been revoked. A conveyance is defined as any motor vehicle, ship, vessel, train car, trailer, or aircraft. Obviously, the most common target of a burglary of a conveyance is a car, but the law contemplates a variety of possible targes for the crime of burglary of a conveyance.
A conviction for burglary of a conveyance can be punished in a variety of different ways depending on the specific facts of the case. A normal burglary of an unoccupied vehicle is a third degree felony punishable by a maximum of five years in prison or probation. However, if the vehicle or other conveyance is occupied by another person, the offense is upgraded to a second degree felony, where a conviction can carry a sentence of up to fifteen years. If during the course of the burglary, the defendant commits an assault or battery or if the defendant is armed during the burglary, it is a first degree felony punishable by a maximum of life in prison. The potentially harsh penalties associated with burglary of a conveyance necessitates consulting with a skilled Sarasota criminal lawyer for your case.
Burglary of a conveyance cases often present themselves with many effective defenses. Contacting a dedicated criminal defense lawyer can help uncover what those defenses might be. Often there are few witnesses of these types of offenses and evidence turns on DNA or fingerprint evidence. Over time, fingerprint evidence has lost its luster and skilled lawyers have discovered ways to challenge such evidence in court. And DNA evidence can often be explained away by attorneys who have an in depth understanding of how that type of physical evidence actually works.Speak to Our Lawyers Today
The attorneys at Hanlon Law have decades of combined experience defending clients charged with all manner of criminal offenses. We pride ourselves on presenting unique and effective defenses to those who trust us with their cases. If you or a loved one has been charged with a crime, don't wait around to see what happens. Take action immediately and consult with a dedicated Sarasota criminal lawyer today. For a consultation, call us now at 941.462.1789.