Burglary

Burglary is entering or remaining in a structure, dwelling, or conveyance with intent to commit a crime there, unless the structure, dwelling, or conveyance is open to the public at the time or the offender is invited or licensed to enter. Burglary is also the intent to commit a crime after permission to remain in a structure, dwelling, or conveyance has past, or to attempt to commit or commit a forcible felony. Contact an experienced Tampa burglary attorney at Pallegar Law, P.A. if you or someone you know has been charged with a related crime.

In Florida, a person who commits the act of burglary is charged with a first degree felony if he or she commits assault or battery upon anyone while committing the crime, is armed when in the structure, dwelling, or conveyance, enters a occupied or unoccupied structure, dwelling, or conveyance and uses a vehicle as an instrumentality to assist in the crime, other than using it as a getaway vehicle, or causes damages to the structure and/or property amounting to $1,000. If you are arrested for burglary, it is important that you contact an experienced Tampa burglary attorney as soon as you can in order to explore your options. At Pallegar Law, P.A., we represent individuals charged with many different kinds of criminal charges, and our team of attorneys is aggressive in finding and utilizing multiple defenses.

A person is also charged with a first degree felony if he or she commits burglary in a county that a Governor has already declared is in a state of emergency. He or she will not be released until they come before a committing magistrate. A person who commits the act of burglary is charged with a second degree felony if he or she does not commit assault or battery while committing the crime and does is not armed when in the structure, or the offender enters or remains in a dwelling that is occupied or unoccupied, or a structure, conveyance, or authorized emergency vehicle if it is occupied, or a conveyance or structure when the intended crime is theft of a controlled substance.

A person who commits the act of burglary is charged with a third degree felony if he or she does not commit assault or battery upon anyone while committing the crime, is not armed during the crime, and stays in a structure or a conveyance while unoccupied at the time of the crime. This charge can be reclassified to a second degree felony if he or she committed the crime while the county had been declared in a state of emergency by a Governor and the offender will not be released until they come before a committing magistrate. A person is also charged with a third degree felony if he or she has any machine, tool, or implement with the intentions of using or allowing them to be used to commit the crime of burglary. An experienced Tampa burglary attorney can help you fight burglary charges to seek the best possible resolution for your case.

If a person damages a line or wire that is used to convey or transmit telephone or power to a dwelling or damages any other equipment in regards to telephone or power, for the purpose of committing the act of burglary, he or she is charged with a third degree felony. If a person is on trial for the act of burglary, proof of entering any conveyance or structure, or attempting to enter, without the consent of the occupant or owner is prima facie evidence of intent to commit a crime once entering that conveyance or structure.

Call Pallegar Law, P.A. at 813-444-3912 or 941-893-5816 for help.

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