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Burglary With a Battery

Sarasota Criminal Defense Attorneys Defending Your Rights

The lay person’s idea of criminal offenses is often shaped by popular media. And popular media has a reputation for extreme dramatization. That, along with the news media choosing to generally report on only the worst aspects of our society can lead to an overall negative worldview, especially when it comes to people charged with criminal offenses. When we think of a criminal charge like burglary, images are conjured to the mind of masked intruders and cat burglars breaking into homes and businesses to steal valuables, because that is what is portrayed to people outside of the legal system. An experienced Sarasota criminal lawyer can help you dispel some of the myths of the justice system.

In reality, serious criminal charges like burglary can arise from relatively mundane fact patterns that, to the untrained eye, might not initially fit the layperson’s idea of what a burglary is. Burglary is defined by Florida Statute 810.02 as “entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.” Whereas most people automatically associate burglary with theft, in truth a person can be charged with burglary if there is any evidence they intended to commit any crime within the home that they had no authority to enter.

Elements Of Burglary With Battery

Burglary on its own is already a serious criminal offense. Burglary with no enhancements is considered a second degree felony which is punishable by up to fifteen years of imprisonment. The burglary statute contains several potential enhancements. One of the most significant of those enhancements is the burglary with assault or battery enhancement. Pursuant to Florida Statute 810.02 subsection 2(a), if a person commits a burglary, and in the course of that offense, committed either an assault or battery on a person residing in that building, the offense is upgraded to a first degree felony punishable by up to life in prison. Anyone charged with this serious offense should not hesitate to contact a skilled Sarasota criminal lawyer to aid in their defense.

Now, upon hearing about the penalties associated with a “Burg Bat,” many people may thing that the harsher penalties are appropriate for a person who enters into the home of another without permission and with the intention of committing a battery or an assault. The facts of these types of cases, however, are not always as clear as we would hope. Take for example a situation where a fight breaks out between neighbors. In most circumstances, the initiator of the fight might at worst be charged with a misdemeanor battery and would be facing probation or minor jail penalties.

Now imagine that for some reason that fight spills into the victim’s home. Nothing else about the facts are different and noone is injured. Now, instead of a misdemeanor, the initiator of the fight could be charged with a felony punishable by life in prison. The criminal justice system is filled with situations like these. Situations where a relatively minor act can turn into an offense that could ruin the rest of your life. Don’t try to navigate this convoluted system on your own, consult with an experienced and dedicated Sarasota criminal lawyer today.

Speak to Our Lawyers Today

The lawyers at Hanlon Law have years of experience defending clients faced with serious felony offenses throughout the State of Florida. Our clients are often suffering from the injustices handed out by an unfair criminal justice system, and it is our goal to aggressively guide them through that system to achieve the best possible results for their cases. If you are interested in becoming one of our clients, don’t hesitate to contact us today at 941.462.1789.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help... Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse