If they do not get the enhanced offense that they are seeking, they may still get a lesser included offense. If the State is charging you with Armed Burglary or Burglary of a Structure with a Battery, they may fall short of proving your guilt as charged. If you become armed during the course of the burglary, that may be enough – the weapon need not even be loaded! To be considered a dangerous weapon, the State does not have prove that you intended or were willing to use the weapon – but they must prove that the weapon was likely to produce death or great bodily harm. To be found guilty of burglary while armed, you do not necessarily have to start out by being armed. If they only prove that there is a roof over it, it is just a structure. If they can show that it has a roof over it and is designed to lodge people there overnight, it is a dwelling. Whether the place you entered is classified as a structure or a dwelling will depend on what the State proves. The key question will be whether or not you entered the dwelling with the intent to commit the crime. If you enter a home and commit a battery, you may be charged with a felony punishable by life called Burglary of a Dwelling with an Assault or Battery Therein.
That offense does not have to be a theft. In Florida, burglary is when you enter into another person’s home or vehicle with the intent to commit an offense. Most people associate burglary with stealing. There may be very good defenses available to you for which an experienced theft crime attorney will know to look. As with any case, you will want to find the best criminal defense attorney in Orlando that is right for you. If you are charged with any of these, be sure to understand what you are up against. They are theft crimes, but involve elements (or aggravators) that increase the level of crime and thus the possible penalties – sometimes requiring minimum mandatory prison. The crimes of burglary, robbery and carjacking are ones that the Florida Legislature and the State Attorneys take very seriously.
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