Sarasota Burglary Attorney

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Burglary and other theft crimes are serious crimes in Florida. A conviction could mean a sentence in jail or prison, fines, and a tarnished reputation.

These types of offenses are seen as crimes involving dishonesty, and your ability to pursue many job opportunities in the future can be seriously impaired by a burglary conviction on your record. If you have been charged with burglary, you will need the experienced and skilled guidance of a Sarasota criminal defense attorney.

What Is Burglary?

The basic definition of burglary in the state of Florida is that a person has unlawfully entered or remained inside a dwelling, a structure, or a conveyance, and this was done with the intention of committing a crime while there. An exception to this is if the location is open to the public, or if the person being charged has the legal right to be there. There are also other related crimes to burglary, such as attempted burglary, possession of burglary tools and trespassing, burglary with an assault or battery, or burglary committed while armed with a weapon.

Penalties for Burglary in Florida

Burglary is basically grouped into three main categories: burglary of a dwelling, burglary of a structure, and burglary of a conveyance. A dwelling is any structure or building with a roof, and serves as a place where people reside during the nighttime. Most commonly this would be a residence. A structure is simply any type of building that has a roof. It can be permanent or temporary. Examples would be an office building, a garage, or a store. A conveyance is any type of motor vehicle, vessel, ship, trailer, or railroad car.

If you are convicted of burglary of a dwelling, the law states that a judge must sentence you to a minimum of 21 months in prison. It is a second degree felony. Additionally, he can also add any combination of the following:

• Up to 15 years in prison
• Up to 15 years' probation
• Up to $10,000 in fines

If you are convicted of burglary of a structure, the following applies:

For an occupied structure:

• Up to 15 years in prison
• Up to 15 years' probation
• Up to $10,000 in fines

For an unoccupied structure:

• Up to 5 years in prison
• Up to 5 years' probation
• Up to $5000 in fines

If you are convicted of burglary of a conveyance, the following applies:

• Up to 5 years in prison
• Up to 5 years' probation
• Up to $5,000 in fines

Defending Against a Theft Crime Charge

Some of the elements of a defense for burglary are determining if the defendant was allowed to be on the property. If it is a public building, for example, then consent is implied. And the right to remain in the property is also implied unless it can be proven that the right to remain was taken away by some means. The prosecution would also have to prove there was intent to commit a crime while on the property. This can be quite difficult to prove.

While the State must prove several things in order to convict an accused person of burglary, that doesn't mean the system is simple. Criminal attorney Scott Miller proudly serves both Sarasota and Bradenton and is highly skilled and experienced in defending burglary and other theft crime charges. A successful defense can take on many forms, and Attorney Miller will aggressively and effectively assess the best way to approach your case to pursue an optimum outcome.