Lakeland Burglary Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for alleged Burglary Crimes in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

Burglary is an offense where you have entered a conveyance, place, structure, dwelling with the intent to commit a crime therein. The difference between burglary and trespassing is entering a conveyance, place, structure, dwelling without permission without the intent of committing a crime therein is typically a misdemeanor crime. Burglary is a felony criminal offense.

If you entered a conveyance, place, structure, dwelling with the intent of committing an assault or battery, theft, or some other type of crime like criminal mischief, then you can be charged with burglary.

The level of burglary offense varies on depending upon what type of alleged crime was committed therein, and whether the conveyance, place, structure, dwelling is occupied or unoccupied at the time of the alleged burglary.

On the more serious of burglary crimes, if you are charged with assault or battery while entering or remaining in a dwelling, then you may be charged with a “life” offense.

If you are charged with the burglary of a dwelling, that is a felony of the second degree with a maximum penalty of 15 years in prison. If you are charged with burglary of an unoccupied dwelling, that is a felony of the third degree, with a maximum penalty of 5 years in prison.

All of these criminal offenses are very serious, and in my representation, I take the investigation into these events very seriously, and I can help you. One of the most important offenses is if you had permission to be in the conveyance, place, structure, dwelling. Permission negates the burglary offense. That is something that I will be looking at in my representation of you.

Protect your rights by seeking the legal advice and representation of an experienced Burglary Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Burglary Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.

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What is the difference between burglary and trespassing in the State of Florida?

Burglary and trespassing are two different crimes in the State of Florida. Burglary involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense inside, such as theft or assault. Trespassing involves entering or remaining on another's property without permission, but not necessarily with the intent to commit a crime. Burglary is always a felony in Florida, while trespassing can be a misdemeanor or a felony depending on the circumstances. Both crimes can have serious consequences for the offender.

In Florida, what are the elements of criminal burglary?

According to Florida law, burglary is a felony offense that occurs when a person enters or remains in a dwelling, structure, or conveyance owned by or in possession of another person with the intent to commit a criminal offense therein. The severity of the charge and the penalty depend on various factors, such as the type of property, the presence of people, and the use of weapons or violence. Burglary can range from a third-degree felony punishable by up to five years in prison to a first-degree felony punishable by up to life in prison.

What are the degrees of burglary crimes in Florida and what are the penalties for each?

Burglary may be classified as a first, second, or third degree felony, depending on the circumstances of the offense. The penalties for burglary vary from up to five years to life in prison, as well as fines and restitution.

According to Section 810.02, Florida Statutes, burglary is a first degree felony if the defendant:

• Commits an assault or battery upon any person;
• Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
• Enters an occupied or unoccupied dwelling or structure, and uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
• Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

Burglary is a second degree felony if the defendant:

• Does not commit assault or battery and is not and does not become armed with a dangerous weapon or explosive; and
• Enters or remains in a dwelling and there is another person in the dwelling at the time the offender enters or remains;
• Enters or remains in a dwelling and there is not another person in the dwelling at the time the offender enters or remains;
• Enters or remains in a structure and there is another person in the structure at the time the offender enters or remains;
• Enters a conveyance and there is another person in the conveyance at the time the offender enters;
• Enters an authorized emergency vehicle; or
• Enters a structure or conveyance when the offense intended to be committed therein is theft of a controlled substance.

Burglary is a third degree felony if the defendant:

• Does not commit assault or battery and is not and does not become armed with a dangerous weapon or explosive; and
• Enters or remains in an unoccupied structure; or
• Enters an unoccupied conveyance.

If I had prior consent to enter the property or that I did not intend to commit a crime while inside, how can I prove that in a burglary criminal trial in Polk County, Florida?

To defend against a burglary charge in Polk County, Florida, you need to show that you either had permission to enter the property or that you did not intend to commit a crime while inside. One way to prove consent is to present evidence of a prior relationship with the owner or occupant of the property, such as a lease agreement, a receipt, a witness testimony, or a phone call. Another way to prove lack of criminal intent is to explain the circumstances that led you to enter the property, such as an emergency, a mistake, or a necessity. You should also challenge any evidence that the prosecution presents against you, such as fingerprints, DNA, surveillance footage, or alleged stolen items.

If the alleged items taken legally belonged to the defendant, it may not be a valid defense in a burglary criminal trial in Polk County, Florida. This is because the defendant still committed the act of trespassing with a criminal intent, regardless of the ownership of the items. However, the defendant may be able to argue that they had a reasonable belief that they had permission or consent to enter or remain in the place where the items were located, or that they had abandoned or relinquished their ownership of the items.

How can an experienced Lakeland burglary defense lawyer challenge the prosecution's evidence or the witnesses against me?

If you are accused of burglary, you need a skilled Lakeland burglary defense lawyer to fight for your rights. A lawyer can challenge the prosecution's evidence or the witnesses against you in several ways. For example, they can question the validity of the search warrant, the reliability of the forensic evidence, or the credibility of the eyewitnesses. They can also argue that you had a lawful reason to enter the property, or that you did not intend to commit a crime. A lawyer can help you build a strong defense and protect your future.

Can I negotiate a plea deal or a diversion program with the prosecutor relating to the Burglary Criminal Charges I am facing in Florida?

If you are facing burglary charges in Florida, you may wonder if you can negotiate a plea deal or a diversion program with the prosecutor. A plea deal is an agreement in which you plead guilty to a lesser charge or a reduced sentence in exchange for the dismissal of other charges. A diversion program is an alternative to prosecution that allows you to avoid a criminal record by completing certain conditions, such as community service, restitution, or counseling.

Both options may be available depending on the facts of your case, the strength of the evidence, and the discretion of the prosecutor. However, they are not guaranteed and you should consult with an experienced criminal defense attorney before making any decisions. An attorney can help you evaluate your options and negotiate the best possible outcome for your situation.

Can I apply for expungement or sealing of my criminal record after a burglary conviction or dismissal in the State of Florida?

Expungement or sealing of a criminal record is a legal process that can help people who have been arrested or convicted of certain crimes to clear their criminal history. In Florida, expungement or sealing is rare but potentially possible for some burglary cases, depending on the outcome of the case and the person's prior record. However, there are many requirements and limitations that apply, and the process can be complex and lengthy. Therefore, it is advisable to consult with an experienced criminal defense attorney who can evaluate your eligibility and guide you through the steps.

What are the possible defenses to burglary charges in Florida?

If you are accused of burglary in Florida, you may have several possible defenses depending on the facts of your case. Some common defenses are:

• Consent: You had permission from the owner or occupant to enter or remain in the property.
• Mistaken identity: You were not the person who committed the burglary or attempted to do so.
• Lack of intent: You did not intend to commit a crime inside the property or you entered by mistake.
• Necessity: You entered the property to avoid imminent danger or harm to yourself or others.
• Duress: You were coerced or threatened by someone else to commit the burglary.
• Entrapment: You were induced by law enforcement to commit the burglary when you would not have done so otherwise.

These defenses may require evidence and witnesses to support your claim. You should consult with an experienced criminal defense attorney who can help you build a strong defense strategy.

What is the importance in hiring an experienced Burglary Criminal Defense Attorney in Lakeland and Polk County, Florida?

If you are accused of burglary in Lakeland or Polk County, Florida, you need a skilled and experienced Criminal Defense Attorney to protect your rights and fight for your best outcome. Burglary is a serious felony offense that can carry harsh penalties, such as prison time, fines, probation, and a permanent criminal record. A Burglary Criminal Defense Attorney can help you challenge the evidence against you, negotiate a plea deal, or take your case to trial. Don't risk your future by facing burglary charges alone. Contact a Criminal Defense Lawyer today and get the legal representation you deserve.

Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636 • Fax: 863.648.0983

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