Armed Burglary Charge Defense
Polk County Florida Criminal Defense Firm providing Criminal Armed Burglary Defense Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.
What is Armed Burglary?
According to Florida Criminal Statute §810.02, armed robbery is when a deadly weapon or firearm is used while committing a criminal act of burglary. Burglary occurs when an person enters 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. Burglary also includes notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance surreptitiously with the intent to commit an offense therein after permission to remain therein has been withdrawn, with the intent to commit an offense therein to commit or attempt to commit a forcible felony.
Maximum Armed Burglary Conviction Penalty
Whoever commits battery and does not also commit an act of assault or battery may be tried for of a felony of the first degree which has a maximum penalty of imprisonment for a term of years not exceeding life imprisonment.
Florida’s 10-20-Life Law
In 1999 the State of Florida, in an effort to be a pioneering State in reducing and eventually eliminating violent crimes involving firearms, passed and entered into law the 10-20-Life Statue included in 775.087 which stipulates:
A minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device;
A minimum 20 year prison term when the firearm is discharged;
A minimum 25 years to LIFE if someone is injured or killed;
A minimum 3 year prison term for possession of a firearm by a felon;
The minimum prison term is to be served consecutively to any other term of imprisonment imposed.
Burden of Proof for an Armed Burglary Conviction
In order to obtain a conviction the prosecution must show beyond a reasonable doubt that the individual charged with armed burglary had in his possession explosives, firearm, or other deadly weapon when he or she entered the dwelling, structure, or conveyance with the intent to commit a crime. If the states case is not as strong as they would like it to be they may look for anything to be in disarray or damaged in order to associate some type of crime with the alleged burglary. This could be something as small as chipped paint, which may satisfy a criminal mischief charge. We will aggressively fight for you in an effort to ensure unwarranted charges are do not play a role in making the States Burglary Case against you.
For more information regarding the burden of proof relating to armed burglary charges and potential defense strategies that may be available to you, contact our office by calling 863.937.9100
If a dismissal of your armed burglary charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.
Each armed burglary defense attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your criminal armed burglary issues, as well as other misdemeanor and felony criminal defense related legal issues.
If you must address armed burglary defenseissues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced armed burglary defense attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100