The team at Paul J. Donnelly, P.A., in Miami Florida, offers legal service to those who are accused of theft crimes, including breaking and entering. Breaking and entering in the State of Florida is a felony offense, and, thus, is seen as being very serious.
Defining Breaking and Entering
In Florida breaking and entering is actually a common term for burglary, and is defined as entering into a structure, home, business or other such place without permission of the owner. It also involves remaining on the premises after having been asked to leave. With breaking and entering, it is that act of entering and not the reason for entering that is a violation of the law. Thus, if you enter into a place in a secret manner, and remain so covertly without the owner’s permission, you have committed the crime of breaking and entering. There is no need to prove that you intended to steal anything.
Penalties in Florida
The team at Paul J. Donnelly, P.A., believes that it is important that those who are charged with breaking and entering understand that it is a felony to do so and that the act alone is considered to be serious. The most common charges in terms of breaking and entering in Florida are second degree and third degree burglary.
Third degree felony burglary involves an unarmed person breaking and entering into a structure. The maximum sentence is five-year imprisonment and a $5,000 fine. If further actions occur or different circumstances exist, then the charges become more serious.
Second degree felony burglary, that is breaking and entering as a second-degree felony, involves the offender entering or remaining in any of the following:
- A dwelling, occupied or unoccupied
- An occupied structure
- An occupied conveyance
- An authorized emergency vehicle
Also, if someone enters with the intention of stealing a controlled substance, this is a case of second degree felony burglary with the offender being penalized separately for the drug charges.
In Florida the maximum penalties for second-degree felony burglary involving breaking and entering are $10,000 in fines and 15 years in state prison.
Breaking and entering as a first degree felony offense involves accessing a home, structure or other such place and causing damages greater than $1,000 to the structure or dwelling. First degree breaking and entering brings a maximum sentence of 30 years in prison and a fine of up to $10,000.
Aggressive Burglary Defense Lawyers Miami
If you are charged with and/or have been arrested for burglary, including breaking and entering, contact the team at Paul J. Donnelly in Miami, Florida, at 305-757-3331. One of our experienced and knowledgeable team members will meet with you, offering counsel, including being with you during any period of questioning by law enforcement. It is important to remember that if you are arrested for breaking and entering that you have the right to speak with a lawyer prior to any questioning, and you have the right to have that Miami burglary attorney present during any and all interrogations. If you have been charged with the felony of breaking and entering, our legal team will protect your rights, including your rights to a fair trial and due process, with passion and commitment. Contact us today.