Defending Burglary Charges With Legal Help
Any criminal charge may result in legal hassles. However, felony charges are more difficult to handle than misdemeanors. The reason for this is the severe penalties that you may face for felonies in case the court decides you are guilty. The US legal system deems anyone innocent unless the prosecution establishes guilt beyond a reasonable doubt.
Burglary charges in Florida are within the category of felonies; therefore, if you were facing any such charges, you need to get a criminal attorney for defense. Before you consult a legal advisor, here are the answers to some common questions.
When can you face such a charge? If you unlawfully enter an occupied or unoccupied structure or vehicle to commit a crime, it may be adequate grounds to file a charge. You may also face a burglary charge if your entrance was lawful, but your remaining there was – surreptitious or after the withdrawal of permission to remain on the premises and/or with an intent to commit a felony.
What happens if it was an unsuccessful attempt? The prosecution may find it difficult to prove guilt in such a circumstance. This, in its turn, would help your attorney present a reasonable doubt with regard to your criminal intent.
What penalties are possible for such crimes? The penalties for these are as follows:
For burglary of occupied structure – maximum 15 years imprisonment and/or $10,000 fines
For burglary of unoccupied structure – maximum 5 years imprisonment and/or $5,000 fines
For burglary of vehicle/non-dwelling structure – maximum 5 years imprisonment
For possession of burglary tools – maximum 5 years imprisonment
For burglary using explosives – maximum 30 years imprisonment and $10,000 fines
When do you need an attorney? If you were facing such charges and/or arrest, you need to get a competent West Palm Beach criminal attorney. Only a legal practitioner knows the details of the legal procedure to prepare your defense.
What are the possible defenses? If you have adequate legal counsel, you need not worry about possible defenses. Your criminal attorney knows how to accumulate evidence and analyze facts to come up with the defenses that may work. Common strategies include –
Presenting an ‘open to all’ excuse: If the structure (a business establishment) is open to all, it may be difficult to establish criminal intent just because you enter the premises.
Presenting a reasonable doubt: If your attorney presents an alibi regarding your presence somewhere else at the time of the crime, it raises a doubt of reasonable nature.
Presenting the ‘lack of criminal intent’ defense: Your attorney must establish that you had no criminal intentions at the time of entering the premises.…