Why Clients Choose Bob Sombathy

Burglary charges are serious, but an arrest is not a conviction. The sooner you have an experienced Panama City burglary attorney protecting your rights, reviewing the evidence, and challenging the prosecution’s case, the stronger your position can be.

Hear From Our Clients

“Mr. Sombathy provided invaluable assistance to our family during a challenging legal matter. He demonstrated a deep understanding of the law and secured the best possible outcome for us. His strategic approach, clear communication, and attention to detail gave us confidence throughout the entire process. We were especially impressed by the professionalism shown by Mr. Sombathy and his team. Their responsiveness, empathy, and thoroughness made a stressful situation much more manageable. Thanks to their efforts, we were able to reach a resolution that exceeded our expectations. We are truly grateful for their support and would highly recommend Mr. Sombathy to anyone in need of expert legal representation.” – Scott S.

What Is Burglary?

Florida law describes burglary as:

entering a dwelling, structure, or conveyance or remaining inside with the intent to commit a crime therein except when the defendant is invited or licensed to enter or the premises are open to the public.

It is crucial to note that the crime of burglary is separate from any other offenses that may be committed once inside the property. The act of unlawful entry or remaining in the property with criminal intent is sufficient to constitute burglary.

What Is the Difference Between Burglary and Theft?

While burglary and theft are often associated, they are distinct crimes under Florida law.

Burglary happens when:

  • A person unlawfully enters into a property
  • The person has the intent to commit a crime

Theft happens when:

  • A person takes someone else’s property intending to permanently deprive them of it

In many cases, burglary charges are accompanied by theft charges if the perpetrator steals items from the property they have illegally entered. However, it is possible to commit burglary without committing theft, and vice versa.

What Are the Three Degrees of Burglary?

Florida categorizes burglary into three degrees based on the severity of the offense:

  • Burglary in the third degree – This is the least serious form of burglary, involving unlawful entry into an unoccupied structure or conveyance. It is a third-degree felony, punishable by up to five years in prison.
  • Burglary in the second degree – Second-degree burglary happens when the defendant enters or remains in a dwelling, occupied structure, or conveyance or if they cause damage in excess of $1,000. It is a second-degree felony, punishable by up to 15 years in prison.
  • Burglary in the first degree – This is the most serious form of burglary, involving assault or battery on any person, being armed, or using a motor vehicle to damage the property during the commission of the crime. It is a first-degree felony, and carries a penalty of up to life in prison.

Considering the severity of these charges, it is essential to enlist the services of a skilled Panama City criminal defense attorney who can fight for your future.

What Defense Strategies Are Available for Burglary Charges?

An experienced criminal defense attorney can employ various strategies to defend against burglary charges, depending on the case’s specific circumstances. Some common defenses include:

  • Lack of intent – The defendant did not intend to commit a crime upon entering the property.
  • Consent – The defendant had permission or was invited to enter the property.
  • Mistaken identity – The defendant was wrongly identified as the perpetrator.
  • Insufficient evidence – The prosecution lacks sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt.
  • Violation of constitutional rights – Law enforcement agents obtained evidence through an illegal search or seizure or violated the defendant’s rights during the arrest or interrogation process.

Your Panama City criminal defense attorney will thoroughly investigate your case and develop a tailored defense strategy to fight for the most favorable outcome possible.

The Importance of a Competent Defense

The immediate aftermath of being charged with burglary in Panama City can be one of the most overwhelming and anxiety-inducing times in your life. Imagining the criminal penalties and possible consequences for your life can almost be paralyzing. Yet it is crucial to remember that being arrested does not mean that a conviction is inevitable. 

However, it is imperative to take action to defend yourself as soon as possible by enlisting the services of an experienced Panama City criminal defense attorney who can protect your rights and fight for your future.

Contact Our Experienced Panama City Burglary Defense Attorney

The criminal defense team at The Sombathy Law Firm has represented thousands of clients in felony cases. We will use our experience and specialized skillset to work diligently to get your charges dismissed or reduced, to secure an acquittal, or to reduce your penalties to the least severe possible under Florida law. Call us today or contact us via our online form for a confidential consultation to learn more about how our experienced Panama City criminal defense attorneys can help you.

FAQs

Can you be charged with burglary in Florida if nothing was stolen?

Yes. In Florida, burglary does not require that anything actually be stolen. A person can still face burglary charges if prosecutors believe they entered or stayed in a property with the intent to commit a crime inside.

Is burglary a felony in Florida?

Yes. Burglary in Florida is charged as a felony, and the degree of the charge depends on the facts of the case, including the type of property, whether anyone was present, and whether a weapon or force was involved.

Can burglary charges be reduced or dismissed?

In some cases, yes. Charges may be reduced or dismissed when the evidence is weak, intent cannot be proven, law enforcement violated the defendant’s rights, or the facts support a lesser offense instead of burglary.

What should you do after being accused of burglary in Panama City?

Do not try to explain your side to police without legal counsel. The safest move is to remain polite, avoid answering questions about the allegations, and speak with a criminal defense lawyer as soon as possible.

Does a burglary conviction stay on your record in Florida?

A burglary conviction can have long-term consequences because a felony record may affect employment, housing, and other opportunities. That is one reason it is important to take the charge seriously from the start.