Burglary Defense Strategies in Punta Gorda

According to Florida law, burglary occurs when someone enters or remains in a dwelling with the intention of committing a crime inside. This crime may include theft, vandalism, violence, or anything else. If you have been accused of burglary in Punta Gorda, it makes sense to take your defense very seriously. An experienced defense attorney in Punta Gorda may help you assess the various defense strategies that apply to your unique situation.

Argue That You Had No Intent to Commit a Crime

A crucial element of burglary is intent. In order to secure a conviction, the prosecutors have to prove that you intended to do something unlawful while inside the building or vehicle. This could be challenging. After all, no one can look inside your mind and determine what you intended to do at a specific moment in time.

You might argue that you were inside the building because you intended to do something perfectly lawful. For example, you might have been looking for a lost friend. Perhaps you were under the influence of intoxicating substances, and you simply wandered into a building. Maybe you were exploring a new area as part of a parkour session. Perhaps you were scouting out a new location for a student film. Whatever the case may be, there are many potential ways to argue a lack of intent.

You might also argue that you mistook the building or vehicle for your own property. For example, you might have entered someone else’s property while under the impression that it was your own house. Maybe you got into someone else’s car because it was identical to your own vehicle’s make, model, and color.

Argue That You Entered Lawfully

Another important element of burglary is an unlawful entry. If you can prove that you entered the property lawfully, you can avoid penalties for this offense. For example, you might show that you entered the property with permission from the owner. Perhaps the area in question was actually open to the public. Whatever the case may be, this could represent a valid defense strategy.

Even if this strategy is successful, you might face additional charges if you commit a subsequent offense after lawfully entering a building.

Case of Mistaken Identity 

Another viable strategy might involve cases of mistaken identity. If prosecutors allege that you were captured on camera committing the offense, you might argue that it was someone else who looked very similar to you. Remember, surveillance footage is often grainy/pixelated.

Can a Punta Gorda Criminal Defense Lawyer Help With Burglary Charges?

A Punta Gorda criminal defense attorney may be able to help you assess various defense strategies for burglary charges. Online research can also serve as a positive starting point, but defense strategies should always be tailored to meet the needs of each individual defendant. For a continued conversation on this subject, contact The Law Office of Foley and Wilson today.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0810/Sections/0810.02.html