Fort Myers Burglary Defense Attorney

At Hollander & Hanuka Attorneys at Law, we understand how serious burglary charges can be under Florida law. If you’re facing burglary charges in Lee or Collier County, it’s important to know your rights and the legal challenges you could face. With the potential for harsh penalties, it’s crucial to have an experienced criminal defense attorney by your side. Contact our office for immediate assistance from a skilled and knowledgeable Fort Myers burglary defense lawyer.

Florida Burglary Statutes

Burglary is defined and penalized under Florida Statutes 810.011 through 810.07, with 810.02 providing specific guidance on the nature of the offense. In Florida, burglary involves entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside. A key element of burglary is that the entry must be unauthorized and with criminal intent.

Types of Burglary Offenses

Florida law outlines several forms of burglary, each carrying different penalties based on the circumstances of the offense:

1. Armed Burglary: Under Florida Statute 810.02(2)(b), armed burglary occurs when the defendant is armed with a dangerous weapon during the commission of the burglary. This is considered a first-degree felony, which could result in a life sentence if convicted, depending on the weapon involved and other aggravating factors.
2. Burglary with Battery: According to 810.02(2)(a), if the defendant commits an assault or battery during the burglary, the charge becomes a first-degree felony. This includes situations where physical harm or the threat of harm is inflicted on the victim.
3. Burglary of a Conveyance: A conveyance refers to any vehicle or vessel. Burglary of a conveyance is addressed under 810.02(3) and is generally considered a third-degree felony, punishable by up to five years in prison. However, if certain aggravating factors apply (such as being armed), the charge could be elevated.
4. Burglary of a Structure: A structure refers to any building or space that has a roof but is not considered a dwelling. Burglary of a structure is typically a third-degree felony under 810.02(3) but can be elevated to a second-degree felony if the structure was occupied at the time of the burglary.
5. Burglary of a Dwelling: Under 810.02(3), burglary of a dwelling, which is defined as a place where people live or are expected to sleep, is usually charged as a second-degree felony. However, it can be enhanced to a first-degree felony if the defendant was armed or another aggravating factor is present.

Penalties for Burglary Convictions in Florida

Penalties for burglary convictions vary based on the degree of the felony, the type of burglary, and any aggravating factors. The burglary offenses outlined above can lead to charges of a third-degree, second-degree, or first-degree felony, with penalties including up to five years in prison, 15 years in prison, or life imprisonment, respectively. In addition to prison time, those convicted of burglary in Florida may face hefty fines, probation, and a permanent criminal record, which can affect employment, housing, and civil rights.

Elements the Prosecution Must Prove

To secure a conviction for burglary, the prosecution must prove several key elements beyond a reasonable doubt, including 1) the defendant entered or remained in a structure, dwelling, or conveyance without permission, 2) the defendant had the intent to commit a crime inside at the time of entry, and 3) the defendant did not have the consent of the property owner to enter. For more severe charges like armed burglary or burglary with battery, the prosecution must also prove the presence of a weapon or that an assault or battery occurred during the offense.

Defenses to Burglary Charges

Several defenses may be available to individuals facing burglary charges, depending on the specifics of the case:

• Lack of intent: If the prosecution cannot prove that the defendant had the intent to commit a crime upon entering the structure or conveyance, the burglary charge may not stand.
• Consent to enter: If the defendant had permission to be on the property, the charge of unauthorized entry could be contested.
• Mistaken identity: In cases where there is doubt about the defendant’s involvement, a strong alibi or evidence of mistaken identity could lead to a dismissal.
• Illegal search and seizure: If law enforcement violated the defendant’s constitutional rights by conducting an unlawful search or seizure, the evidence obtained may be excluded.

How a Criminal Defense Attorney Can Help

Facing a burglary charge in Fort Myers or the surrounding areas can be overwhelming, but a skilled criminal defense attorney can provide invaluable assistance. At Hollander & Hanuka Attorneys at Law, we will thoroughly investigate the circumstances of your case and challenge any weaknesses in the prosecution’s evidence. Whether it’s challenging the evidence, cross-examining witnesses, or presenting alternative theories, we will work tirelessly to present a strong defense and defend your rights in court. Additionally, through negotiations with the prosecution, we can sometimes reduce the severity of the charges or, in some cases, get them dropped entirely. In appropriate cases, we can negotiate a plea bargain that may result in a lesser charge or reduced penalties, such as probation instead of prison time.

Contact Hollander & Hanuka for Smart and Effective Burglary Defense in Fort Myers

If you’re facing burglary charges in Fort Myers, don’t wait to seek legal representation. The burglary defense lawyers at Hollander & Hanuka Attorneys at Law will fight to protect your rights and pursue the best possible outcome in your case. Contact us today at 239-332-3300 for a no-cost, confidential consultation.