Burglary Lawyer in Tampa

Helping Clients Fight Back Against Criminal Charges for Theft Crimes

Everyone has the right to ensure that their home or property is safe from unauthorized entry, which is why being accused of burglary can carry such serious penalties if you’re convicted. Whenever you’re up against the legal system in Tampa or the surrounding area, you need an experienced criminal defense attorney to help protect your rights and be your legal advocate in court.

If you’ve been charged with burglary, call attorney Patrick B. Courtney, P.A., to find out what you should do next. He can explain your charges and start representing you right away to ensure you have the strongest defense possible.

How Is Burglary Defined in Florida?

A burglary occurs in Florida when someone enters “a dwelling, a structure, or a conveyance” and intends to commit a crime there. Florida recognizes three “degrees” of burglary, which are first-, second-, and third-degree burglary. But every Florida burglary is a felony, and a conviction can put someone in prison for at least five years.

Burglary may make you think of a thief wearing a ninja mask, climbing through a window, and stuffing cash or jewelry into a bag — what you see on television or in the movies. In real life, most burglaries are far less dramatic. Here’s what you may not know about burglary charges:

The intended felony or misdemeanor does not have to be theft. It could be any crime ranging from vandalism to murder.
A burglary charge does not require a forced entry. In Florida, burglary can be entering a home or business through an open door — without permission — to commit a crime.
The intended crime does not have to be committed or completed. The entry combined with the intent to commit a crime is all that is needed to constitute burglary.
To convict someone of burglary, a prosecutor must prove “beyond a reasonable doubt” that the suspect intended to commit a crime upon entering a building or residence.

What Are the Legal Defenses Against a Burglary Charge?

The right defense approach for burglary charges depends on the circumstances and what evidence the prosecution plans to use in their argument. An experienced burglary defense lawyer will walk you through your options and explain which strategy has the highest chances of success for your case. Below are three commonly used burglary defense strategies.

Lack of Intent

Unless a burglary defendant confesses, intent is usually determined by the circumstances. If a defendant entered an apartment in the middle of the night with a flashlight and knife and was found hiding in a closet, that evidence alone may be sufficient to convict the suspect of burglary.

But if you entered a home or a business with the intention of taking back something that you believed was, in fact, yours, or if you entered a home or a business while believing that you had the owner’s permission to take an item, then you are not guilty of burglary.

Mistaken Identity

While the prevalence of cameras and security systems in today’s day and age can often provide video or photo evidence of what happened, the footage may be difficult to make out or only tell part of the story. It’s easy for one person to be mistaken for another if the camera didn’t get a clear shot of the person’s face.

If you are charged with the burglary of a structure, but you never entered that structure and never committed a crime there, a Tampa Bay burglary attorney may be able to persuade the prosecutor or the jury that you are a victim of mistaken identity and that someone else is, in fact, the burglar.

Plea Bargain

While the goal is always to get the best possible outcome for a defendant, in some cases, the jury returning a not guilty verdict is unlikely. Part of an attorney’s job is to be honest about your chances at trial and explain whether a plea bargain may be a less risky option. A plea bargain means that you plead guilty to a criminal charge in exchange for a benefit to you. In most cases, this is either a reduced charge or a reduced sentence. An effective plea bargain can help you avoid or minimize jail time and get back to your life as quickly as possible.

What Are the Penalties for a Burglary Conviction?

As mentioned previously, Florida may prosecute burglary as a felony in the first, second, or third degree. The charge is a first-degree felony if the defendant used a motor vehicle to damage the dwelling or structure or caused over $1,000 in damage to the dwelling or structure.

Armed and violent burglaries are also prosecuted as first-degree felonies. Upon conviction, a first-degree felony in Florida is punishable by up to 30 years in prison and a fine of up to $10,000.

Home invasion burglary is a second-degree felony punishable upon conviction by up to fifteen years and a fine of up to $10,000. Burglary of an occupied vehicle or building, of an emergency vehicle, or burglary to commit theft of a controlled substance is also a second-degree felony.

The burglary of an unoccupied building or vehicle is a third-degree felony. Possessing burglary tools and cutting phone or power lines in the commission of a burglary are also third-degree felonies punishable by serious penalties, including up to five years in prison and a fine of up to $5,000.

How Are Burglary Tools Defined Under Florida Law?

A burglary tool in Florida is any tool, device, or equipment that a burglar intends to use to commit a burglary. In other words, it depends on intent. You may legally own an acetylene torch for welding, but if you use it to cut holes in steel doors to commit thefts, it’s a burglary tool.

A conviction for a crime like burglary can change your life, and the legal penalties are not the only consequences. A felony conviction can make it harder to find employment and housing. If you hold a professional license, your licensing board may take disciplinary action.

Defendants Should Not Act as Their Own Tampa Criminal Defense Attorneys

When you’re facing burglary changes, you need a criminal defense lawyer on your side because the penalties for conviction are severe. For example, if you are an immigrant in the state of Florida and you are convicted of a felony, you’ll become subject to deportation. If you simply cannot have a felony conviction, and you are charged with burglary, don’t even think about acting as your own attorney. Too much will be at stake.

Tampa criminal justice attorney Patrick B. Courtney has over 24 years of legal experience, and he’s effectively represented scores of burglary defendants. He’s a former prosecutor who knows how burglary cases are handled by the state.

Pat Courtney knows how to protect a client’s rights and how to win justice for defendants who are accused of burglary. He represents clients in Hillsborough, Pasco, Polk, Pinellas, Manatee, and Sarasota counties. Learn more — call (813) 252-1529 or use the contact form on this website.