A person accused of a burglary charge must know all the legal defenses asserted in response to the charge. In Florida, the accused can get a sentence of at least five years. While most of us have imagined burglary as a person climbing through a window and stuffing jewelry and money in his bag, it does not necessarily require a forced entry.
The court could convict a person of the crime even if the convict intended to commit it. There is a difference between theft, robbery, and burglary. Burglary involves an intentional entering of a place without the owner’s consent with the intent to commit a crime/to steal something.
Legal Defenses against a Burglary Charge
Evidence, such as entering an apartment in the middle of the night, being inside a closet, etc., can make a person get convicted of the crime. Unauthorized breaking or entry into a public/private building to commit a crime by a person can make them guilty. There are four primary legal defenses – actual innocence, consent, lack of intent, and entrapment. The primary burglary defense is trying to convince the court of your innocence. The defendant must create a reasonable doubt in the court regarding the actual committing of the crime. To successfully defeat a burglary charge, the lawyer will question the evidence multiple times with multiple excuses. You cross the first and the most crucial defense step after raising doubt in the jury’s mind.
Another defense tactic is to prove to the court that the burglary is not as it seems or the owner had permitted the person’s entry. Your lawyer can prove that you had the consent to enter the place/building. Other defenses include entrapment and the lack of intent. There must have strong evidence to prove yourself in the court.
Every state has different penalties for the accused, which is diverse according to the magnitude of the crime. The legal system has stated the following penalties according to the different levels of the crime:-
- Armed and violent burglaries in Florida can get a punishment up to 30 years with a fine of $10,000.
- Home invasion burglary can make the accused punished for fifteen years with a fine of $10,000.
- Usage of burglary tools and cutting of phone or camera lines can be punishable up to five years with a fine of $5,000.
Rights of an accused
The reflection of your name in the criminal record books can change your life and destroy your career. It can be difficult for you to find employment or housing. However, you must know your rights when someone has accused you of a crime. There are three principal rights- the right to a fair trial, due process, and the right to privacy.
You have the right to self-defense. A fair trial is possible if you hire the right attorney. Try looking for expert lawyers for burglary charges in Tampa. You may seek the right help when your lawyer is experienced and knows how to protect a client’s rights to win the case.