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Burglary charges can result in a $10,000 fine and at least 6 years in
prison under certain circumstances.
Burglary is a felony that may seem to be connected to only entering a house by violence. However,
the scope of the definition for this crime is way broader. If you have been
charged with burglary, contact a lawyer from the lawyers Directory right away to
receive supreme legal help.
One of the
misconceptions about a burglary is that it requires force, when breaking in. In
Florida, the law defines that a burglary is committed even if the access to the
property is unobstructed. The fact the the door is open or that there is no
need for using force to enter a building doesn’t mean that laws about burglary
don’t apply. If a person enters someone else’s property with an additional
crime in mind, he or she commits burglary, in additional to any crime that may
occur.
Another
misunderstanding about burglary stems from the belief that it has to be connected to a home. A burglary, as defined by Florida law, happens, when
someone else’s property is accessed. That includes any residences, commercial
real estate, or even a vehicle. Anything that provides a closed space is
considered a building. To understand better the elements of your charges, contact a lawyer from the lawyers directory.
But even though the
property type doesn’t matter to define burglary, it does play a role in
determining the punishment. When charged with a burglary that involved a
property, where people live, in Florida, the penalties may be 2, 4, or 6 years
in prison and a fine of $10,000.
When the burglary
involves a commercial building, it may be considered as being either a
misdemeanor or a felony, based on the situation. This distinction doesn’t
apply to a residential burglary. Based on the severity of the charges, the
punishment may be up to 1 or up to 3 years in jail and a fine of $10,000. The
magnitude of the punishment depends on circumstances of the crime.
However, it is
important to note that certain crimes that may seem like a burglary actually
fall under different categories. To better understand the charges that were
brought against you, contact a lawyer from the lawyers directory.
Certain circumstances
may influence the length of the term in prison. These may include use of any
type of explosives, prior felony strikes, affecting certain group of people,
or causing personal harm. The additional terms depend on the case, but they can
range from a couple up to 7 years.
Thanks to the broad
definition of a burglary and its requirements to qualify as this crime, the
charges can be combated on multiple fronts. The charges can be disputed on the
base of possible consent to obtain the personal property in question based on
the fact that there was no predetermined action to commit a crime. After you
contact a lawyer from the lawyers directory they are going to provide you with
the best defense strategy in your burglary case.
It is important to
note that entering a property doesn’t mean a person has to be there with his or
her whole body. The law in Florida states that if a person touches a building
and possibly removes a piece, reaches in with an object, or puts any body part
inside the building that means that he or she entered the property. To better
understand your charges, contact a lawyer from the lawyers directory.
Another crucial
information to remember, which could help with possible burglary charges, is
the need for the court to prove the intention of committing a crime, prior to
entering a building or a specific place within a building. A person cannot be
charged with burglary in Florida, if the intent arose after the entrance.
However, that doesn’t mean that other charges may not be pressed. Also,
burglary doesn’t only include crimes of obtaining a physical property. Burglary
can also be the charge, when committing a crime with intangible outcome
(fraud).
When talking about an
intention to commit a crime, one condition for charges to qualify for a burglary is the type of a crime that is contemplated. It doesn’t have to
actually occur, but the thought has to involve a crime that can be categorized
as a felony.
A special definition
of a burglary is reserved for a crime related to a vehicle. In other instances,
force is not necessary to be used against a property during a crime of
burglary, but for a vehicle burglary, it is a condition. If the vehicle is unprotected
in a way that allows for a crime, it cannot be labeled as a burglary.
Burglary is a crime
with many variations and possible outcomes, so if you are charged with it,
contact a lawyer from the lawyers directory for an free evaluation.