What Are the Most Common Defenses To Burglary Charges in Florida?

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20th Nov 2014

Generally a burglary allegation involves the breaking into a house, business or car with the further intent to commit a crime. The crime can range in punishment from a potential five (5) years to life in prison.

Regardless of the circumstances associated with your Miami burglary charges, you need to have an experienced attorney review your case for any potential defenses that may prevent or mitigate criminal penalties. There are a variety of potential defenses to the charge of burglary which are important for your own understanding.

Defenses may involve the challenging of “identity,” meaning to determine if there is an ability to establish the identity of a person accused of being the perpetrator of a burglary.

Another defense can be that the accused had a legitimate reason for being in the area. Perhaps there is no evidence of any intent to commit an unlawful act. In order for a person to be convicted, they must possess a provable, specific intent to commit a crime. Consequently, attacking a person’s ability to formulate the felonious intent is a common consideration. This could involve an insanity defense.

In addition to defenses that have to do with the merit of the allegation, there is also the important defense focusing on whether police followed procedure. This means that if law enforcement personnel did not properly follow constitutional procedure, improperly obtained evidence may be suppressed – the evidence may be thrown out.

Only a highly experienced and aggressive criminal defense attorney will know how to effectively investigate a case and look for these vital defenses. Only a knowledgeable Miami criminal defense attorney can sort through the details of your case to ensure that your constitutional rights were properly protected during the arrest and prosecution process.