The Severity of Breaking and Entering and the Penalties You Face in Florida
Burglary is a crime that consists of breaking into a home with the intent to steal. Burglary is still considered a crime even if the intruder does not steal anything from inside the house. Breaking and entering is a felony, and there are harsh punishments for those that partake in it.
Elements of Burglary
A few elements put breaking and entering in the category it is in, such as:
· Breaking can actually be by force through a door, constructive and even by threats. Nothing is broken, but if someone enters a part of a home that they were not invited into, then that can be considered burglary and breaking and entering.
· Entering can involve the person to force physical entry or use tools to remove properties. If someone uses a weapon or tool to pry open a window or door and then steps foot into the house through that entrance, it is breaking and entering. Unfortunately, if a tool is used to pry open a window, but the perpetrator sees an open door and they enter through that instead, then it is not breaking and entering.
In many cases in the United States, burglaries at nighttime are more punishably severe than burglaries during the day. In Florida, a burglary can be defined as a third-degree, second-degree or first-degree felony with a sentence of five years, fifteen years or life in prison.
Miami criminal lawyers can help clients in burglary situations to the best of their ability. The penalties for burglaries vary from state to state on the severity, but the most common penalties are:
· Electronic monitoring and probation
· Jail time
· Court costs and fines
One of the most important factors when sentencing a burglary perpetrator is whether there was a weapon used or not. In addition, if there were any other serious crimes committed during the break in then that can cause harsher punishment. The age of the perpetrator is always taken into consideration as well as his or her history of committing crimes. First offenses will usually end up in a small amount of jail time or a long period on probation.
In some cases, Miami criminal lawyers may be able to get his or her client the probation punishment instead of jail time or something harsher. The lawyers help their clients in whatever way they can, and try to help them receive the least amount of punishment for his or her crime.
A felony charge on your criminal record can affect your life in extreme ways. It can be difficult to find a job and even purchasing or leasing a house. A criminal record is a serious thing, but if you can find the best Miami criminal defense attorney out there, then your options may look better to you. A Miami criminal lawyer will help you receive the best possible sentence that is available to you, and possibly have the judge offer you a probationary period instead of jail time.
