WEST PALM BEACH FL BURGLARY DEFENSE LAWYERS

WITH OFFICES IN BOCA RATON, FLORIDA

The criminal defense lawyers at Arnesen Law represent clients charged with a wide variety of theft and fraud offenses, such as burglary, robbery, and credit card theft, in jurisdictions including West Palm Beach, Jupiter, and Delray Beach.

Notably, the firm’s managing partner, Jay Arnesen, has acquired a great deal of knowledge regarding these types of offenses due to his service as a former police officer. His previous experience providing the state with the necessary evidence to prosecute defendants facing theft and fraud charges has endowed him with exceptional insight into the components of a successful defense strategy. Mr. Arnesen now employs this knowledge to better serve his clients who are facing charges of this kind.

With offices conveniently located in Boca Raton and Fort Lauderdale, the lawyers at Arnesen Law are readily available for their clients, whom they successfully represent in courts throughout South Florida. Contact their offices anytime at 561-419-9630 for a free consultation about your case.

“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq.

Burglary – Florida Statutes Section 810.2

Chapter 810, Section 2 of the Florida Statutes provides, in pertinent part:

(1)   For offenses committed after July 1, 2001, “burglary” means entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

(2) Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in section 776.08.

(3) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
(c) Enters an occupied or unoccupied dwelling or structure, and causes damage with a motor vehicle or causes damage in excess of $1,000.

(4) Burglary is a felony of the second degree, punishable as provided in section 775.082, section 775.083, or section 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a/an:

(a) Occupied or unoccupied dwelling
(c) Occupied structure
(d) Occupied conveyance
(e) Authorized emergency vehicle, as defined in section 316.003; or
(f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in section 893.02.

(5) Burglary is a felony of the third degree, punishable as provided in section 775.082, section 775.083, or section 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in an:

(a) Unoccupied structure; or
(b) Unoccupied conveyance

Burglary – Potential Penalties

First Felony Degree Burglary: maximum sentence of life imprisonment and fines not to exceed $15,000

Second Felony Degree Burglary: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000

Third Felony Degree Burglary: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000

*Notably, a conviction for first degree burglary with a firearm requires a mandatory minimum prison sentence per the dictates of Chapter 775, Section 87, often referred to as Florida’s “10, 20, Life Law.” According to this statute, an individual who is in possession of a firearm during the commission of a burglary is subject to a minimum 10-year prison term. Further, a minimum term of 20 years is required if the weapon is discharged and a sentence ranging from 25 years to life must be imposed if said discharge results in the death or serious injury of another person.

• Exception: In the case of a conviction for first degree burglary of a conveyance with a firearm, the mandatory minimum sentence is 3 years in prison.

Contact Our Palm Beach County Burglary Defense Lawyers for a Free Consultation

If you or a loved one has been charged with a burglary in South Florida, find the help you need by contacting the criminal defense lawyers at Arnesen Law. Our lawyers are always available to provide free legal consultations. Call us today about your case at 561-419-9630.