Burglary

I CAN HELP GET YOUR CASE DISMISSED

Though the most important function of a criminal defense attorney is putting on a vigorous defense at trial, there are other ways that I can help defend your rights. I can negotiate with the State to try to have the charges reduced or dismissed through tough negotiations and by filing motions. Also, defendants in criminal cases are interested in resolving their cases by entering into a plea bargain as long as they are treated fairly, with dignity and respect. I can attempt to obtain a downward departure in or for you to avoid a prison sentence Although I am an aggressive criminal lawyer, this has not diminished my professional relationships with the prosecutors at the Office of the State Attorney.

If you need a criminal lawyer because you are charged with burglary in Clearwater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an experienced board certified criminal attorney. We offer Free Consultations and individually suited Payment Plans


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The definition of burglary has changed during the last ten years. Traditionally, a burglary occurred when a person entered a structure or conveyance without permission of another with the intent to commit a crime. The crime intended can?t be the crime of trespass. The intent to commit the crime must exist at the time of the entry of the structure. If the intent to commit a crime does not occur until after the person gains entry, the Defendant is not guilty of burglary. trespass,

even if the person entered illegally, However, the intended crime does not need to be committed; only the intent to commit the crime needs to be proved. If a Defendant gains permission through fraud or trickery, it is not considered to be permission. If a Defendant has permission to enter into a structure or conveyance but goes into a part of the structure or conveyance in which he doesn?t have permission, it can still be a burglary.

Since 2001 a Defendant can be charged with burglary even if given permission to enter the structure or convenience. This can happen in three ways. First, if a person has permission to enter and after gaining lawful entry surreptitiously hides inside with the intent to commit a crime, that person can be charged with burglary. Second, if a person has permission to enter but the permission was later withdrawn and the person remains anyway with the intent to commit a crime,

that person can be charged with burglary. Finally, if a person has permission to enter, but the person remains with the intent to commit a forcible felony, that person can be charged with burglary.

The punishment for burglary depends on whether the placed entered was occupied or unoccupied, or whether the place entered was a dwelling, a structure or conveyance. In most cases, a burglary is a second degree felony punishable by a maximum of 15 years in prison. However, if the Defendant commits an assault or battery while committing the battery, or becomes armed within the dwelling structure, or conveyance, with explosives or a dangerous weapon;

the burglary will be classified as a first degree felony punishable by up to life imprisonment. Although these heightened penalties were intended to punish serious offenses like home invasions, prosecutors have creatively filed excessive charges. For instance, if a boyfriend reaches through the driver?s side window to grab his girlfriends keys from the ignition, and while doing so grabs her hand, the boyfriend can be facing life imprisonment.

An experience criminal lawyer will always explore issues like mistaken identity, whether there is an alibi, false confessions, or a lack of fingerprints or physical evidence. If evidence is obtained illegally, a motion to suppress can result in evidence or incriminating statements being excluded. Specifically to burglary charges, a good criminal attorney will explore whether the state can prove intent at the time of the entry.

I am an experienced Board Certified Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise, because your freedom is at stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by the Florida Bar as a

specialist in criminal law. Instead, hire a criminal attorney who is Board Certified.