Burglary of a Dwelling
Burglary is one of the most common serious criminal offenses prosecuted in the State of Florida. Serious crimes can generally be grouped into three categories: Drug crimes, property crimes, and violent crimes. Burglary is primarily a property crime, but because it inherently involves the invasion into someone’s home, business, or vehicle, the offense also has aspects of violent crime. This combination has resulted in burglary being one of the more harshly prosecuted offenses that one can be convicted of. Prosecutors and judges often try to hand down serious jail or prison penalties for those convicted of such crimes. Anyone facing burglary charges should not hesitate to consult with a dedicated Sarasota criminal defense attorney right away.
Burglary is a crime that is split up into multiple categories depending on the type of structure that is burglarized. Burglary of a conveyance involves theft from inside of a vehicle, while burglary of a structure often involves businesses or storage facilities. The most serious version of burglary involves crimes committed inside of a dwelling place. The constitution of the United States explicitly places extraordinary protections on and around the home. That American value of the home being the castle deserving of protection has trickled into criminal law and has made burglary of a dwelling into a gravely serious criminal offense.Elements of Burglary of a Dwelling
Burglary of a dwelling is defined by statute under Florida Statute 810.02. Under the law, a person is guilty of burglary if he or she enters the home of another without authority with the intent to commit a crime within. A person can also be convicted of the offense if they are invited into the home and remain after his or her invitation is revoked, or if he or she surreptitiously or secretly remains in the home with the intent to commit a crime. A dwelling is defined under a separate statue, 810.011 as a building or even a conveyance like a car, along with any attachment like a porch, that is designed to be occupied by people at night. Because of the specifics of the statute, burglary of a dwelling also encompasses burglary of vehicles like RVs or campers. Because of the heavy emphasis placed on the value of the home in our society, this type of offense can carry serious penalties. Hiring a skilled Sarasota criminal lawyer can have a positive effect on your case.
The penalties for burglary of a dwelling often depend on several factors. Unlike burglary of a structure or burglary of a conveyance, which are third degree felonies carrying maximum sentences of five years in prison, burglary of a dwelling starts off as a second degree felony and can be increased in severity depending on the facts of the case. Regardless of whether the home is occupied or not at the time of the burglary, the maximum penalty is fifteen years in prison. Burglary of a dwelling can be enhanced to a punishable-by-life felony in several circumstances. The first circumstance occurs if the defendant is armed at the time of the burglary or becomes armed by stealing a firearm or other deadly weapon within the home. And when the perpetrator commits either an assault or battery in the course of the burglary, the prosecution can seek a sentence of up to life in prison.Speak to Our Lawyers Today
The attorneys at Hanlon Law pride themselves on the excellent results that we are able to achieve for our clients. Too often we see lawyers use scare tactics in order to coerce clients into hiring them. We prefer to put together an aggressive plan of action and do not settle for easy plea deals or resolutions. We push the prosecution and the courts to give our clients what they want. For a consultation, don’t hesitate to call us today at 941.462.1789.