Burglary Of A Dwelling Defense Lawyer
If you have been charged with burglary of a dwelling in Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your burglary of a dwelling charge dismissed or reduced.
Former Burglary Prosecutor
As a former burglary prosecutor Chris has an understanding of what can be important to the prosecutor in your burglary of a dwelling case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your burglary case.
Burglary Of A Dwelling Defense Lawyer Since 1999
Chris has been defending individuals charged with burglary of a dwelling since 1999. Being a burglary of a dwelling defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle burglary of a dwelling cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your burglary of a dwelling case.
Different Burglary Defense Lawyers Get Different Results
When you have been charged with burglary of a dwelling you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A burglary of a dwelling conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Burglary Of A Dwelling Charges
Burglary Of A Dwelling
It is unlawful to enter or remain in a dwelling with the intent to commit an offense therein, unless the premises are at the time open to the public or the person is licensed or invited to enter. Dwelling means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. Burglary of a dwelling is a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years probation and/or a $10,000 fine.
(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
(3) “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida Statute 810.02 and Florida Statute810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
(4) An act is committed “in the course of committing” if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
(5)(a) “Posted land” is that land upon which:
1. Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words “no trespassing” and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or
2.a. Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is:
(I) Painted in an international orange color and displaying the stenciled words “No Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or horizontally;
(II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and
(III) Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land.
b. Beginning October 1, 2007, when a landowner uses the painted no trespassing posting to identify a “no trespassing” area, those painted notices shall be accompanied by signs complying with subparagraph 1. and placed conspicuously at all places where entry to the property is normally expected or known to occur.
(b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of Florida Statute 810.09 and Florida Statute 810.12 pertaining to trespass on enclosed lands.
(6) “Fenced land” is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water.
(7) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted.
(8) “Construction site” means any property upon which there is construction that is subject to building permit posting requirements.
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is evidence of entering with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is evidence of attempting to enter with intent to commit an offense.
Completed Entry Is Not Required
The entry necessary to sustain a conviction for burglary need not be the whole body of the Defendant. It is sufficient if the Defendant extends any part of the body far enough into the dwelling, structure or conveyance to commit a crime therein.
Possession Of Stolen Property
Proof of possession by an accused of property recently stolen by means of a burglary, unless satisfactorily explained, may justify a conviction of burglary if the circumstances of the burglary and of the possession of the stolen property convince you beyond a reasonable doubt that the defendant committed the burglary.
In order for the State of Florida to prove you committed the crime of burglary, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Were there any witnesses to the incident and if so did they provide a statement?
- If you entered without permission is there any evidence you intended to commit an offense therein?
- Is there any evidence of your presence such as fingerprints?
The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you questioned by a law enforcement officer after you were arrested?
- Did you make any statements that are harmful to your case?
- Were you read your Miranda rights?
Burglary Of A Dwelling Penalties
A conviction for burglary of a dwelling can result in many different penalties in addition to being a convicted felon. It is important for you to know what penalties you may be facing. Some of the penalties for a burglary of a dwelling conviction you may be facing include:
- Jail Or Prison
- Community Service
- Costs Of Investigation
- Costs Of Investigation
- Court Costs
*Program Fees and Costs subject to change without notice*
Burglary Of A Dwelling Penalties
1. Intent to enter
2. Intent to commit a crime therein
Even if an unlawful entry to the dwelling, structure or conveyance is proved if the evidence does not establish that it was done to commit a crime therein then the Defendant must be found not guilty of burglary.
4. Open to the Public
5. Actual communication to leave
6. Authority to give actual communication to leave
7. Identity (Mistake or lack of proof)
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