An arrest for a burglary offense is not something to be taken lightly. Regardless of the purpose of the burglary or if the burglary was merely attempted, a person accused of this offense potentially faces a felony conviction. This comes with serious consequences aside from jail time or fines. The creation of a felony record for somebody convicted of a burglary in Jacksonville can be especially unfortunate with the growing use of background checks. However, it's important to remember that there are other outcomes of these charges aside from conviction. An experienced defense attorney can help you fight for them.Jacksonville Burglary Defense Attorney
As a Jacksonville defense lawyer, Bill Roelke confidently defends men, women, and youth facing burglary charges in Duval County and nearby counties. His experience and understanding of many of the strategies used by the prosecution in property crime cases may prove invaluable if you are being prosecuted by the State Attorney's Office in Duval County, Nassau County, or Clay County. More importantly, he understands how serious the implications of conviction may be and fights for the best outcome rather than the easiest.
Call (904) 354-0333 or send an online message to discuss your defense options with Bill Roelke. The initial consultation is free and will provide you with information make an informed decision about your future. Bill Roelke will help you pursue case dismissal, not guilty verdicts, acquittals and other favorable options. However, it's best to contact a Jacksonville attorney experienced in property crime cases as soon after arrest as possible. This helps ensure that your defense gains the benefit of any time-sensitive evidence, witness testimony, and other important details. Contact Roelke Law today.
Florida Burglary Crime Information Center
- Definition of Burglary under Florida Statute § 810.02
- Penalties for Burglary in Florida
- Use or Possession of Burglary Tools in Florida
- Impairing or Impeding a Telephone or Power in a Burglary
- Intent in Duval County Burglary Charges
Definition of Burglary under Florida Statute § 810.02
This Florida statute defines burglary as the entering of a dwelling, structure, or conveyance with the intent to commit an offense inside. Burglary includes situations where a person:
- Enters stealthily with the intent to commit an offense inside;
- Remains after permission to do so has been withdrawn, with the intent to commit an offense inside; or
- Commits or attempts to commit a forcible felony such as murder, manslaughter, sexual battery, robbery, aggravated assault, and others listed under § 776.08.
However, it does not include situations where the premises are open to the public or if the alleged offender is licensed or invited to enter or remain.
Burglary is a first degree felony offense, punishable by up to $10,000 in fines and / or up to 30 years in prison if, while committing the burglary, the accused:
- Assaults or commits battery on another person; or
- Is or becomes armed while within the dwelling, structure or conveyance, with dangerous weapons or explosives; or
- Enters an unoccupied dwelling or structure, while:
- Using a vehicle as more than just a getaway vehicle in the offense, causing damages to the dwelling or structure; or
- Causes over $1,000 in damage to the dwelling or structure, or inside property.
Burglary is a second degree felony offense, punishable by up to $10,000 in fines and / or up to 15 years in prison if while committing the offense, the person does not also commit assault or battery, is not and does not become armed with a dangerous weapon or explosive, and the person enters or remains in a:
- Dwelling, and another person is present inside at the time of the offender's entry or presence;
- Dwelling, and there is not another person present in the dwelling at the time of the offender's entry or presence;
- Structure, and another person is present while the offender enters or remains;
- Conveyance, and there is another person in the vehicle at the time the offender remains or enters;
- Authorized emergency vehicle such as a police vehicle, fire truck, ambulance, or other vehicle listed in §316.003; or
- Structure or conveyance when the offender enters or remains with the intent to commit theft of a controlled substance such as one listed under § 893.03.
However, burglary is a third degree felony punishable by up to 5 years in prison and / or up to $5,000 in fines if the offender does not commit assault or battery, does not become armed with a dangerous weapon or explosive, and the offender remains in or enters a:
- Structure, and no other person is present in the structure at the time the offender enters or remains inside; or
- Conveyance, and no other person is present while the offender enters or remains inside.
It is a third degree felony offense for a person to have in his or her possession any tool, machine, or implement with the intent to use or allow the tool, machine or implement to be used to commit burglary. This is punishable by up to 5 years in prison and / or up to $5,000 in fines.
It is unlawful, under Florida Statutes § 810.061 for a person to damage a telephone or power line/wire of a building, impair any other equipment necessary for telephone or power, or otherwise impede telephone or phone transmission in order to facilitate the commission of a burglary offense. This is a third degree felony offense and a person charged under it can face up to $5,000 in fines and / or a prison sentence of up to 5 years.
Florida Statute § 810.07 explains prima facie evidence and its use in trial. For burglary trials, proof of the alleged offender's entering the structure or conveyance stealthily and without the consent of the owner or occupant is evidence of entering with intent to commit a criminal offense. This also applies for charges of attempted burglary.
Roelke Law, P.A. | Burglary Arrest Lawyer in Duval County, FL
If you are facing felony burglary charges in Jacksonville, Jacksonville Beach, Atlantic Beach, Saint Augustine, Fernandina Beach, Green Cove Springs or the surrounding areas, contact Roelke Law. Don't let these charges lead to even more serious repercussions. Bill Roelke will serve as your advocate every step of the way, from investigation to pre-trial motion motions and beyond. During your free consultation, he will also help you understand how his experience and defense tactics can help you through this difficult time. However, the longer you wait, the more time you give the prosecution to build a case against you.