If you have been charged with burglary of a dwelling with a person assaulted in Florida, then you may have a defense. Consent, self-defense and lack of intent to commit a crime inside are all defenses that are oftentimes successful when fighting burglary cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your burglary case in Florida, contact Matthew Williams now for a free consultation.
A lot of burglary cases involve a couple that lives together in a house where only one of them is on the lease. After an argument, the person on the lease calls the police to try to make the other person leave. Once the police get involved, the person who called the police says the other person doesn’t live there and isn’t on the lease….so the person who is not on the lease gets charged with burglary, when really, they were living in the home before everything transpired. Attorney Williams has won both trials and motions to dismiss in cases like this. It happens way too often, especially in Leon County.
In Florida, burglary of a dwelling with a person assaulted is defined under Florida Statute 810.02(2)(a). A person commits burglary of a dwelling with a person assaulted when they unlawfully enter into a dwelling, remain inside a dwelling surreptitiously, or remain inside a dwelling after permission to remain has been withdrawn, and commit an assault while in the process with the intent to commit a crime inside.
A dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage.
Burglary of a dwelling with a person assaulted is a first-degree felony punishable by life, meaning it is punishable by up to life in prison, or up to life on probation, and a fine of up to $15,000 (you can also get a jail or prison sentence followed by probation and the length of the sentence can always be shorter than life, but the total length of the punishment cannot exceed life). In addition to facing prison time, if you are adjudicated guilty of burglary of a dwelling with a person assaulted then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Criminal convictions carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony, you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with burglary in Florida then contact Matthew Williams now for a free consultation.