If you have been charged with burglary of a conveyance in Pinellas County, one of your first concerns is likely the question of whether or not you will face jail time. As top defense attorneys in St. Petersburg, the team at The Law Office of Marc N. Pelletier can help you understand the potential legal consequences you may face.
In Florida, the charge of Burglary is defined broadly and is not limited to cases that only involve theft. Rather, burglary is defined as unlawfully entering or remaining in a structure, conveyance, or dwelling with the intent to commit a crime inside. A “conveyance” typically refers to a vehicle or a vessel, which can include cars, trucks, boats, or even enclosed trailers. Therefore, burglary of a conveyance involves breaking into a vehicle with the intention of committing ANY crime, not just a theft.
For a burglary of a conveyance charge to hold in court, the prosecution must prove three essential elements beyond a reasonable doubt: that you entered or reached into the vehicle without permission, that you intended to commit a crime at the time of entry, and that your presence in the vehicle was unlawful. Simply trespassing without further criminal intent is not enough to constitute burglary.
In Florida, burglary of a conveyance is generally classified as a third-degree felony, and potential penalties can include up to 5 years in prison, up to 5 years of probation, and fines up to $5,000.
Certain aggravating factors can increase the severity of a burglary charge. If the conveyance was occupied during the burglary, the charge may be elevated to a second-degree felony, punishable by up to 15 years in prison. Additionally, carrying or using a weapon during the burglary can result in more serious charges, and prior convictions, particularly for similar offenses, can lead to harsher sentencing.
Different defenses may be considered by your St. Petersburg criminal defense attorney with The Law Office of Marc N. Pelletier if you are facing a charge of burglary of a conveyance:
Demonstrating that you did not have the intent to commit a crime at the time of entry can potentially be a strong defense. For instance, if you entered the vehicle to seek shelter in an emergency without intending to steal or otherwise commit another crime once inside, this would not constitute burglary.
If you had permission to enter the vehicle, your attorney could argue that your presence was lawful. Proving that you had the owner’s consent to be in the vehicle can lead to a dismissal of charges.
Your St. Petersburg defense attorney with The Law Office of Marc N. Pelletier will assess all potential defense strategies to achieve the most favorable outcome for your case.
For a complimentary case consultation with a St. Petersburg criminal defense attorney, give us a call today at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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