All burglary offenses are considered felony offenses under Florida law and all charges of burglary will subject a person to the possibility of at least 5 years in state prison. The most serious types of burglary offenses are those where a battery is alleged to have occurred or where a person is accused of being armed during the commission of the offense. An armed burglary or a burglary with a battery carry possible sentences of life in prison. Because of the seriousness of the crimes and the threat to a defendant's continued liberty, it is essential that you retain the services of criminal defense attorney who is experienced in handling burglary cases and who is familiar with the local courts. Antonio D. Quinn, Esq. has handled all types of burglary and trespass cases in South Florida. Quinn Law, P.A. has the experience and knowledge necessary to achieve a successful result in your burglary or trespass case.
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Trespassing is considered a lesser-included offense of burglary which means that a person cannot be charged with both trespassing and burglary for the same incident. ( See Fla. Stat. 810.09) Under most circumstances, if a property is not posted pursuant to statute, then a person must be given a "trespass warning" by the police or another authorized person and fail to comply before they can be arrested for trespassing. Trespassing in a structure or conveyance (vehicle) is a misdemeanor of the second degree. If a person is present in the conveyance or structure at the time that the crime is alleged to have taken place, then the offense is elevated to a first degree misdemeanor per statute. Contact Quinn Law, P.A. today to sit down with an experienced criminal defense attorney to evaluate what types of defenses might be available to you in your trespass case.
All burglary offenses are classified as felonies under Florida law. The key difference between a charge of trespass and a charge of burglary is the element of intent. In order for a person to be convicted of burglary, the prosecution must prove beyond a reasonable doubt that the defendant intended to commit another crime in addition to the trespass offense. Additionally, if a premises was open to the public then that is a complete defense to burglary. If you are being charged with burglary but were arrested even though you did not have the intend to commit a crime, then you need to contact Quinn Law, P.A. today so that trespass and burglary defense Attorney Quinn can start working on getting your charges reduced.
Burglary with a Battery
If an assault or a battery is alleged to have occurred during the commission of a burglary offense, then the individual may be charged with a first degree felony and faces the possibility of life in prison.
If a person is or becomes armed with an explosive or a dangerous in the course of committing a burglary, then the person may be charged with a first degree felony and face the possibility of life in prison.
Burglary of an Occupied Structure
Burglary of an occupied dwelling or structure is a third degree felony with a maximum possible sentence of up to 5 years in state prison. Possession of burglar's tools is treated as a third degree felony as well under Florida law.
Trespass and Burglary Defense Attorney of South Florida
As outlined above, all burglary offenses are considered serious crimes in Florida and it follows that if you are being charged with a burglary offense that you must retain an experienced and knowledgeable criminal defense attorney to protect your rights and continued liberty. If you are being investigated for or have been arrested for burglary or a trespassing offense, it is important to contact Quinn Law, P.A. as soon as possible so that an experienced criminal attorney can act on your behalf . Contact Quinn Law, P.A. at (954) 463-0440 to have your case evaluated.