The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Burglary – F.S. 810.02 (for dwelling)
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Commonly referred to as breaking and entering, Burglary of a Dwelling is a very common crime. Florida has the third highest burglary rate in the nation, likely because Florida has some a broad definition of the crime. The crime is actually entering the property of another with the intent to commit a crime inside. Technically speaking, burglary does not require proof that a crime even occurred inside the property of another, but rather only that when the property was entered the person had the necessary intent. For instance, if a person enters into a neighbor’s house intending to steal the television, it is not necessary to prove that the television was actually stolen to prove the crime. Proof of the burglary in that example hinges on the intent of the person charged.
Of all the states in the country, Florida punishes a burglary among the harshest. Burglary charges range from third degree felonies to first degree felonies punishable by life. Needless to say a conviction for a burglary can involve prison time and significant fines. A burglary is a third degree felony if it involves the entering of a structure or conveyance. Third degree felonies can be punished by up to five years in prison and a $5,000.00 fine. However, entering into a home, a place where people live, regardless of whether anyone is actually home at the time, is a felony of the second degree. The punishment for burglary of a home is up to fifteen years in prison and a $10,000.00 fine. Anyone, even a first offender, charged with a burglary of a dwelling scores prison in Florida.
If a weapon, an assault, or a battery is involved in the burglary the possible punishments only get more severe.
How do you prove what was a person’s intent?
Understanding that it can be very difficult, if not impossible, to prove a person’s intent is critical to defending a burglary case. The State is often lacking essential evidence to actually prove the charge, which is evidence of intent. The State tries to fill that evidence void with circumstantial evidence most of the time. Exploiting that void can result in very favorable results for the client. Burglary charges can often be reduced to lessor charges, including trespassing, a misdemeanor.
If you, or someone you know, have been charged with Burglary of a Dwelling in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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