![]() ![]() However, some avenues we might explore include: The exact approach a defense attorney may take will vary from case-to-case, depending on the evidence. Defenses to Armed Burglary/ Aggravated Burglaryīecause the stakes are so high with these charges, defendants should never enter a plea on any burglary charge without first talking with an experienced criminal defense lawyer. As a first-degree felony, armed burglary or aggravated burglary can result in a sentence of up to life in prison. These cases are often handled only be veteran prosecutors with the intention of ensuring a conviction and having that individual sentenced to a long prison term. Aggravated Burglary – This involves a burglary wherein defendant either commits an assault or battery (meaning he or she physically injures or threatens to injure someone) OR barrels into an occupied dwelling or building with a motor vehicle and causes an excess of $1,000 in damages.A “deadly weapon” could mean a firearm or any other object that, while not necessarily a weapon, could be used to inflict deadly force. It can mean any knife, metallic knuckles, slingshot, billie, dirk, tear gas gun, chemical weapon or device or any other deadly weapon, except a common pocketknife or blunt-bladed table knife or plastic knife. The definition of “weapon” is found in F.S. Armed Burglary – Defendant is armed with a dangerous weapon or an explosive.While a “typical” burglary charge in Florida is usually either a third- or second-degree felony (punishable by a maximum sentence of between 5 and 10 years in state prison), burglary can be a first-degree felony if the defendant was armed and/or violent.Īrmed burglary or burglary with assault/ battery are both different forms of burglary, but with the added element of a weapon, physical violence or extensive property damage. What is Armed Burglary/ Aggravated Burglary? Courts in Florida have allowed that juries may infer criminal intent if a defendant entered or tried to enter a premises in a stealthy or sneaky manner. Jury Instr (Crime) 13.1 points out, the crime could be considered complete if defendant, with intent to commit a crime, puts any part of his or her body into the vehicle or building.Ī critical part of this charge involves proving defendant’s intent. We should note that full entry into the structure, building or vehicle is not required. It could also mean lawfully entering a site with the intention to commit a felony offense. That could mean that either:ĭefendant entered the premises legally, but stays on site with the intention to commit a crime OR the permission to be on site was revoked and defendant stayed with the intent to commit a crime. 810.02 states burglary is the appropriate charge when someone either enters or remains in a dwelling, structure or conveyance (car) with the intention to either commit some other offense. The earlier we can begin on a case, the better the odds. ![]() This charge can be highly defensible, as our record of success shows. ![]() At The Ansara Law Firm, our dedicated defense lawyers will fight doggedly to ensure our clients’ rights are protected. These defendants must seek immediate legal counsel from an experienced Broward County criminal defense attorney to improve their chances of a favorable outcome. Defendants charged with armed burglary or aggravated burglary are facing a possible life sentence. However, when one commits burglary with a firearm or commits assault/ battery in the midst of a burglary, the stakes are suddenly very high.
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