Most likely outcome*: Felony probation, community service hours, no return to the structure, an impulse control course, court costs, costs of prosecution. Therefore, it remains only a third degree felony. For obvious reasons, the crime is not as bad if no one is home. Burglary of a Conveyance or Structure (Unoccupied)Įntering someone’s house or vehicle with the intent to steal or commit any crime is a burglary. The decision to ask for a lesser included offense is an example of trial strategy. A guilty verdict on a lesser included offense is always much better than a guilty verdict on the highest charge. In my experience, when the jury can give you a break or the benefit of the doubt (even where the evidence may be strong against you), they usually come back with a guilty verdict on a lesser included offense. On the other hand, if the evidence is strong against you, you may want to give them the option to give you a lesser included. That’s an example of working against you. However, if they are given the choice for a lesser included offense, they may come back guilty on that. If the jury only has one option to charge you with during their deliberations and the evidence is not that strong, they may come back not guilty. Lesser included offenses can work for or against you at trial. For example, a misdemeanor assault, a misdemeanor battery, simple trespass, criminal mischief, or simple burglary (which is still a 3rd degree felony). If they do not get the enhanced offense that they are seeking, they may still get a lesser included offense. If the State is charging you with Armed Burglary or Burglary of a Structure with a Battery, they may fall short of proving your guilt as charged. If you become armed during the course of the burglary, that may be enough – the weapon need not even be loaded! To be considered a dangerous weapon, the State does not have prove that you intended or were willing to use the weapon – but they must prove that the weapon was likely to produce death or great bodily harm. To be found guilty of burglary while armed, you do not necessarily have to start out by being armed. If they only prove that there is a roof over it, it is just a structure. If they can show that it has a roof over it and is designed to lodge people there overnight, it is a dwelling. Whether the place you entered is classified as a structure or a dwelling will depend on what the State proves. The key question will be whether or not you entered the dwelling with the intent to commit the crime. If you enter a home and commit a battery, you may be charged with a felony punishable by life called Burglary of a Dwelling with an Assault or Battery Therein. That offense does not have to be a theft. In Florida, burglary is when you enter into another person’s home or vehicle with the intent to commit an offense. Most people associate burglary with stealing. There may be very good defenses available to you for which an experienced theft crime attorney will know to look. As with any case, you will want to find the best criminal defense attorney in Orlando that is right for you. If you are charged with any of these, be sure to understand what you are up against. They are theft crimes, but involve elements (or aggravators) that increase the level of crime and thus the possible penalties – sometimes requiring minimum mandatory prison. The crimes of burglary, robbery and carjacking are ones that the Florida Legislature and the State Attorneys take very seriously.
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