Respected Miami Attorneys Who Understand Florida Burglary Law
In the State of Florida the offense of burglary typically refers to an act of unlawful entry into almost any structure with the intent to commit a crime inside the premises. Most people are unaware that physical breaking and entering is not required in order to bring a charge of burglary. In fact an offender may be charged with burglary if they simply trespass through an open door. Unlike the crime of robbery, which involves the use of force or fear to obtain property, the crime of burglary usually occurs when no victims or witnesses are present.
In Florida, burglary charges can result in varying amounts of jail time depending on the individual circumstances of the crime. Burglary can be considered a first degree felony, punishable by imprisonment if, in the course of committing the offense, the offender commits assault or battery upon any person; is armed with a dangerous weapon or explosives; or causes physical damage to the premises while committing the burglary.
There are certain situations in which a charge of burglary cannot be supported under Florida criminal law. This includes break-ins for lawful reasons related to the prevention or extinguishment of a fire, rescue of persons or animals, lawful eviction of a tenant who is in violation of his or her lease, search and seizure ordered by police, confiscation of visible contraband, and carrying out a lawful arrest. People who take shelter during a life-threatening situation such as a storm or a fire also may not be charged with burglary, even though they have entered a property without permission.
Your burglary defense may be related to whether or not you acted with intent to commit a crime. When you entrust your defense to the Law Office of Pelayo Duran, our experienced criminal defense team will carefully investigate all aspects of the case, including police records. This will enable us to determine whether or not police have sufficient evidence to continue with a charge of burglary. This investigative phase can be critical to your case, enabling us to have the charges dismissed prior to trial.
Your choice of legal representation may have a huge impact upon your chances of becoming a convicted felon. If convicted of a felony, you will automatically lose many of your Constitutional Rights including the right to vote and to own a gun.
Don't take chances with your future by letting a burglary charge affect the rest of your life. If you or a loved one are facing burglary charges in Florida, contact the Miami Law Office of Pelayo Duran immediately and arrange a free legal consultation to discuss your burglary defense.
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