Sarasota Burglary Lawyer

In Florida, burglary is considered a felony level offense and is followed by some very harsh penalties if convicted, such as huge fines and years spent in prison. Sarasota burglary lawyer Erika Valcarcel understands the devastation that can arise from these charges. As a former prosecutor , she is well-versed in navigating the legal system and has seen first hand how these cases are approached in court. Now as a defender, she utilizes her experience to anticipate the prosecution’s strategy in order to construct an effective defense. Let Erika Valcarcel, Criminal Defense Lawyer, P.A. protect your rights so that your freedom can be maintained.

Call (941) 363-7900 today to see how your charges can be eliminated or reduced, if possible.

Florida Burglary Laws and Types of Burglary Crimes

Section 810.02 of Florida Statutes defines burglary as a person entering or remaining in a structure, dwelling, or conveyance with the specific intent to commit a crime.

Burglary of a Dwelling

Burglary of a dwelling involves unlawfully entering or remaining in a home, apartment, or any structure designed for people to live in, with the intent to commit a crime inside. This charge applies whether the dwelling is occupied or unoccupied at the time of the alleged offense. Because dwellings are considered sanctuaries, burglary of a dwelling is treated as a severe offense and can carry harsh penalties, including lengthy prison sentences.

Burglary of a Structure

Burglary of a structure refers to unlawfully entering or remaining in a building other than a dwelling, such as a business, warehouse, or storage facility, with the intent to commit a crime inside. The severity of the charge often depends on whether the structure was occupied at the time of the alleged offense. While this charge may carry slightly less weight than burglary of a dwelling, it is still a felony and can lead to significant consequences, including prison time.

Burglary of a Conveyance

Burglary of a conveyance refers to unlawfully entering or remaining in a vehicle, boat, or another mode of transportation with the intent to commit a crime. This charge often involves theft, such as breaking into a car to steal valuables. While it may not carry the same level of severity as burglary of a dwelling, it is still a serious offense under Florida law and can result in significant penalties, including jail time and fines.

What’s the Difference Between These Types of Property?

The distinction between these charges lies in the type of property targeted:

• Dwellings are places where people live, making burglary of a dwelling the most severely punished due to the invasion of personal safety.
• Structures are non-residential buildings, and the charge’s severity may increase if they are occupied.
• Conveyances are vehicles or modes of transportation, often targeted for theft, and are considered less severe than dwellings or structures.

A burglary can be committed with only parts of a person’s body. Although it sounds a little odd, this crime can take place if a person extends any part of their body into a vehicle or building with criminal intent. Another strange and unfair element in burglary cases is that criminal intent can be inferred. This means that a jury can simply interpret the actions of the accused in whatever way they see fit. A burglary charge could be issued for simply entering a building.

Penalties and Collateral Consequences

Depending on the severity of the crime, burglary can be filed as a first, second, or third-degree felony. A burglary might be elevated to a first-degree felony when an individual commits assault or battery on a person, or if the individual is armed when they enter the building. This crime might be filed as a second-degree felony if there is a person in the building when the individual enters. When the burglary involves minimal risk and the committed crime is minor, the offense is filed as a third-degree felony. Criminal penalties for burglary include, but are not limited to:

• Burglary (First Degree Felony): Up to life in prison
• Burglary (Second Degree Felony): A fine of up to $10,000 and up to 15 years in prison or up to 15 years on probation
• Burglary (Third Degree Felony): A fine of up to $5,000 and up to 5 years in prison or up to 5 years on probation

A conviction also carries collateral consequences that can haunt you for life. Finding a job once you are released from prison might be all but impossible. This is due to the fact that most employers shy away from hiring those with criminal records. Furthering your education might also be stifled, as colleges and universities thoroughly vet applicants before admitting them.

Contact Erika Valcarcel, Criminal Defense Lawyer, P.A. Today

With the help of a skilled attorney, there are a number of defenses that can be used to get your charges eliminated or reduced. One effective strategy is proving that you were given permission to enter the building or vehicle. It might also be the case that you are the victim of mistaken identity. Eyewitness testimony has been proven to be inaccurate, and it is entirely possible that you were falsely identified as the perpetrator. Whichever defense is used, making a compelling case is crucial to protecting your freedom.

A burglary charge can negatively impact every aspect of your life. From a ruined career to permanently altered relationships, there is no area left unaffected. Sarasota burglary lawyer Erika Valcarcel realizes that people are falsely accused of burglary every day. She will work tirelessly to prove that you did not commit the crime you are being accused of, whether that involves pointing out police misconduct or conducting an independent investigation.

Call (941) 363-7900 now to see you can avoid spending time behind bars with the help of a criminal defense attorney in Sarasota, Florida.