Unfortunately, there are many crimes that can be perpetrated upon homeowners and take an emotional, physical, and financial toll. One of the crimes that can happen to homeowners on their property is burglary. Burglary can be a crime that has a profound effect on a home, as it can lead homeowners to feel unsafe and that their privacy and property were intruded upon.
In such a case, they may want to press a lawsuit in order to protect their assets and peace of mind. In the state of Florida, burglary is defined as entering or remaining in a dwelling (home), structure (building), or conveyance (vehicle) with the intent to commit another crime.
Due to the fact that this type of criminal offense is a felony, a conviction can end up in a long prison sentence as well as costly fines. Read on to learn more about the penalties that face burglary as well as the rights that you have in the state of Florida regarding burglary of your home.
Your Insurance Attorney is a top property damage lawyer Miami residents rely on. If you are seeking a burglary lawyer in the Miami area, call Your Insurance Attorney for your free initial consultation today.
Burglary Penalties in Florida
Burglary is a serious crime and there are several possible sentences when taken to trial. In the states of Florida, the penalties for a conviction of burglary will depend on the circumstances and facts of the case.
The factors that will be considered include how the offense was committed, the type of building involved, and if weapons were utilized throughout the commission of the crime. Here are the penalties that one could receive for a conviction of burglary.
- Third-degree felony: A burglary happened in a structure or conveyance and there wasn’t another person involved. A felony of the third degree will carry a maximum prison sentence of five years and a fine of up to $5,000.
- Second-degree felony: This is the penalty if the burglary in question happened inside of a dwelling (with or without a person inside), structure (with another person inside), or conveyance (with another person inside), and assault assault or carrying a dangerous weapon were not involved. A second-degree felony can be punishable by a prison term of up to 15 years and a maximum fine of $10,000.
- First-degree felony: In a first-degree felony, the burglary that happened involved assault and/or a dangerous weapon, and a first-degree felony can result in a lifetime prison sentence.
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Like the majority of the states in the United States, the state of Florida also makes it a crime to possess a tool for burglary with the intent to use it or to be used to commit burglary or trespass. So what exactly counts as a burglary tool?
According to Florida law, a burglary tool is any tool, machine, or equipment that a person intends to use for burglary or trespass. Your Insurance Attorney, a top property damage lawyer Miami residents trust, note that basically, it all depends on the intent of the defendant.
It is totally legal, for example, to have an acetylene torch for welding, but if they intend to use it to cut holes in steel doors and enter buildings to commit thefts, possessing the same object is a crime.
Your Insurance is a top property damage lawyer Miami residents trust. If you are looking for a burglary lawyer in the Miami area, call Your Insurance Attorney for a free initial consultation today.