Ricardo Alvarez P.A.

Lakeland, FL Burglary Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged burglary crimes. Serving Polk County and Central FL. Contact Burglary Criminal Defense Attorney Ricardo Alvarez Today!


Lawyer, Ricardo Alvarez

Call 863.709.0808 about your Burglary Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are various forms of Criminal Burglary:

In order to obtain a conviction the prosecution must show beyond a reasonable doubt that the individual charged with burglary entered the dwelling, structure, or conveyance without the permission of the owner or resident of 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, or a items that are missing from the house which may lead to theft or even robbery charges as well.

If you have been charged with a burglary crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Burglary Criminal Lawyer, Ricardo Alvarez today at 863.709.0808






Medical Marijuana Cards
By Attorney, Ricardo Alvarez

Podcast Video
with Attorney, Ricardo Alvarez



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›



CRIMINAL LAW
AREAS OF LEGAL PRACTICE

Contact Attorney, Ricardo Alvarez

Criminal DefenseDUI DefenseDrug ChargesFelonyMisdemeanorArsonAssaultBatteryBurglaryRobberyTheftTraffic CrimesTraffic TicketDriving Under License SuspensionDomestic Violence DefenseDomestic Injunction ViolationsFraud CrimesHomicide CrimesJuvenile Offender DefenseSealing and ExpungementSex CrimesViolation of Probation DefenseWeapon - Firearm Charge DefenseWhite Collar Crime Defense


CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›


What is the legal definition of burglary in Florida?

In Florida, burglary is legally defined as entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside, unless the premises are open to the public or the person is invited to enter. The key elements of burglary include the unlawful entry, remaining on the property without authorization, and the simultaneous intent to commit a crime, such as theft, assault, or any other felony offense, once inside the premises. Burglary charges can range from first-degree to third-degree felonies, depending on factors such as the type of structure entered (e.g., a dwelling, business, or vehicle) and whether certain aggravating circumstances, like armed burglary or breaking and entering, are present. The severity of penalties for a burglary conviction in Florida varies accordingly, with consequences ranging from substantial fines, probation, and imprisonment, up to life in prison in the case of armed burglary.


If charged with a Burglary crime in Lakeland or Polk County, the different degrees and conviction penalties for criminal burglary in Florida may include:

In Florida, the penalties for criminal burglary convictions vary depending on several factors, including the degree of the offense, the type of structure entered, and any aggravating circumstances involved. Here's an overview of the different conviction penalties for criminal burglary in Florida:

It's important to note that penalties can be enhanced if the defendant has prior convictions or if other aggravating factors are present. Additionally, a burglary conviction may lead to a permanent criminal record, affecting future employment and housing opportunities. Consulting with an experienced criminal defense attorney is crucial to understanding the specific penalties that may apply to your case and to developing a strong defense strategy.


What's the difference between burglary and trespassing in Florida?

In Florida, burglary and trespassing are distinct offenses with key differences. Burglary involves unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside, such as theft, assault, or vandalism. It requires both unlawful entry and the simultaneous intent to commit a crime, making it a more serious offense. Trespassing, on the other hand, involves unlawfully entering or remaining on someone else's property without permission but does not necessarily require the intent to commit a crime inside. Trespassing is typically a misdemeanor offense and can occur on various types of property, including private land, businesses, or public places, whereas burglary is a felony that typically involves breaking into structures or dwellings. The primary distinction lies in the intent and the type of property involved, with burglary being more severe due to the criminal intent to commit a crime inside a structure.


Can I be charged with burglary if I didn't steal anything?

Yes, you can be charged with burglary in Florida even if you didn't steal anything. The crucial element in a burglary charge is the unlawful entry into a dwelling, structure, or conveyance with the intent to commit a crime inside. While theft is a common underlying crime in burglary cases, the intent to commit any crime, such as assault, vandalism, or any felony offense, can lead to a burglary charge. The act of unlawfully entering the premises with the simultaneous criminal intent is sufficient to support a burglary charge, and actual theft or other crimes do not need to occur for the charge to be valid. Therefore, even if no property is stolen or damaged during the entry, the unlawful entry itself, combined with the criminal intent, can result in a burglary charge in Florida.


In order to get a burglary conviction in Florida, does the prosecution have to prove that I intended to commit a crime while inside the structure, dwelling, or conveyance?

Yes, in order to secure a burglary conviction in Florida, the prosecution must prove beyond a reasonable doubt that you had the intent to commit a crime while inside the structure, dwelling, or conveyance. This is a critical element of the offense, often referred to as the "felonious intent" or "intent to commit a crime." The prosecution must establish that you not only unlawfully entered the premises but also had the simultaneous intent to commit a crime, which could include theft, assault, vandalism, or any felony offense. Without evidence of this criminal intent, a burglary conviction is generally not sustainable in Florida. It's important to note that the burden of proof rests with the prosecution, and the absence of proof of intent can be a key point in the defense strategy in burglary cases.


What are potential defense strategies for an alleged burglary in the State of Florida?

Potential defense strategies for an alleged burglary in the State of Florida can vary depending on the specific circumstances of the case, but several common approaches can be employed. One key defense is to challenge the element of intent, asserting that there was no criminal intent at the time of entry. This can be supported by presenting evidence or arguments that show a lack of intent to commit a crime inside the structure, dwelling, or conveyance. Additionally, disputing the facts of the entry itself, such as whether it was truly unlawful, can be another defense strategy. In some cases, establishing an alibi or demonstrating that you had a legitimate reason to be on the property can be effective in challenging the charges. Moreover, issues related to the collection and handling of evidence, such as chain of custody or search and seizure violations, can also be explored. Consulting with an experienced criminal defense attorney is essential to assessing the specific details of your case and building a strong defense strategy tailored to your situation.


Can I get a reduced sentence or plea bargain for a burglary charge in Florida?

Yes, it is often possible to negotiate a reduced sentence or plea bargain for a burglary charge in Florida. Prosecutors may be open to plea negotiations to avoid the time and expense of a trial, especially if the evidence is not overwhelmingly strong. A plea bargain can result in a reduced charge, such as from burglary to trespassing or another lesser offense, which carries a less severe penalty. Additionally, it may lead to a recommendation for a more lenient sentence, such as probation or a reduced period of incarceration, depending on the specific circumstances of the case and the defendant's criminal history. However, the terms of any plea bargain should be carefully considered, and it's essential to consult with an experienced criminal defense attorney to assess the potential benefits and drawbacks of such an arrangement and ensure that it is in your best interest.


Is it still considered armed burglary in the State of Florida, even if I never showed, brandished, used, or let anyone know I had a firearm in my possession?

In the State of Florida, a burglary can be classified as "armed burglary" even if you never showed, brandished, used, or let anyone know you had a firearm in your possession at the time of the offense. The term "armed" in this context typically refers to the mere presence of a dangerous weapon or firearm during the commission of the burglary, regardless of whether it was actively used or displayed. If you entered a structure, dwelling, or conveyance with the intent to commit a crime inside and had a firearm in your possession at that time, even if it remained concealed and unused, the offense may be charged as armed burglary. Armed burglary carries more severe penalties than burglary without the presence of a weapon. It is important to consult with an experienced criminal defense attorney to fully understand the charges you are facing and explore potential defense strategies based on the specific circumstances of your case.


Can I have my burglary record expunged or sealed in Florida?

In Florida, it is generally not possible to have a burglary record expunged or sealed. Florida's expungement and sealing laws are limited to certain non-violent misdemeanor offenses and do not typically apply to felonies or violent crimes like burglary. Burglary is considered a serious offense, and convictions for such crimes usually cannot be expunged or sealed. However, there may be exceptional circumstances or legal changes that could affect eligibility, so it's crucial to consult with an experienced attorney who specializes in Florida criminal law. They can provide guidance based on your specific situation and inform you about any potential options or alternatives for mitigating the impact of a burglary conviction on your record. Nonetheless, the expungement or sealing of a burglary record is generally rare in Florida.


Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808



Ricardo Alvarez P.A.

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808






Get Our App

HomeAttorney, Ricardo Alvarez - Biography

Criminal DefenseDUI DefenseContact Us
Copyright Image Credits

Website Design: Tiger Prey Media


DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed in writing between you and the attorney you choose to represent you.

© Copyright 2008-2023. Law Firm of Ricardo Alvarez P.A. All Rights Reserved.


Law Firm of Ricardo Alvarez P.A.

Attorney, Ricardo Alvarez | 863.709.0808