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What Is The Difference Between Careless Driving And Reckless Driving?

George Reres

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Although the general public often uses the terms careless driving and reckless driving interchangeably, these are two different offenses under Florida law. Understanding the specifics of the charge against you is essential to building an effective defense.

Careless Driving Charges in Florida

Careless driving is a civil traffic offense. Florida Statute §316.1925 states, “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Because it can encompass a wide range of behaviors, a citation for careless driving is often made when the officer at the scene can’t find any specific traffic violation that seems to fit the circumstances. In many cases, errors due to distraction or inexperience result in careless driving charges.

Careless driving is most often cited after a rear-end collision. The driver who struck the vehicle in front of them is likely to be charged with careless driving if the officer didn’t witness the accident, and the occupants of the vehicle that was rear-ended don’t know why it occurred.

The penalty for careless driving is a fine of between $160 and $500. Four points will be added to your driver’s license.

Reckless Driving Charges in Florida

Reckless driving is a more serious charge than careless driving. It is considered a criminal traffic offense. Florida Statute §316.192 states, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

The intent to put others at risk is the key difference between careless driving and reckless driving charges. A conviction for reckless driving requires the driver to have engaged in intentional, knowing, and purposeful conduct that shows a conscious or intentional indifference towards the safety of others on the road. Common examples of situations that warrant a reckless driving charge include drag racing, fleeing law enforcement in a vehicle, or speeding while weaving in and out of traffic.

As a second-degree misdemeanor, the punishment for a reckless driving conviction includes up to 90 days in jail, a fine of up to $500, and six months of probation. If there is significant property damage or non-serious injuries, it becomes a first-degree misdemeanor with up to 12 months of jail time, a fine of up to $1,000, and 12 months probation. If someone is seriously injured, reckless driving becomes a third-degree felony punishable by up to five years in jail, fines of up to $5,000, and five years of probation.

Drivers will have either four or six points added to their license, depending on the specifics of the charge.

Wet Reckless Driving Charges in Florida

A driver who is thought to be impaired by alcohol or any type of drug—even legally prescribed medication—may be charged with what is known as wet reckless driving. For drivers who have been drinking, a wet reckless charge only requires a 0.05% BAC. For substances other than alcohol, the charge is applied at the discretion of the arresting officer.

In some cases, a Florida driver who has initially been charged with a DUI may be able to have the offense reduced to wet reckless driving. While this is still a serious charge, it does not carry the same stigma as a DUI conviction. The fines are lower, there is no mandatory jail time, it is easier to obtain a hardship license, and employers are less likely to penalize workers for a wet reckless conviction.

How a Criminal Defense Attorney Can Help

If you have been charged with reckless driving, a specialized lawyer for traffic law matters in Fort Lauderdale can often help you build a defense that will get the charge reduced to the lesser offense of careless driving. This helps you avoid the possibility of jail time and the stigma of a criminal record that can come with a conviction for reckless driving.

Call George Reres Law at (954) 523-3811 or fill out our contact form to request a confidential consultation. We’re here to listen to your side of the story, explain your options, and help you determine the best way to move forward.

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Robbery is a particularly serious offense that can carry significant and long-lasting consequences upon conviction. Are you or someone you love being investigated for robbery or theft in the Sunshine State? Have you or a loved one been arrested for—or charged with one of these crimes?

There’s far too much at stake to face a criminal investigation or prosecution unprepared or alone. Fortunately, you don’t have to. Learning what various charges mean, as well as how a conviction could leave your life unrecognizable, can help you make sense of this precarious situation and chart a wise path forward. Here’s what you should know about Florida robbery and theft cases, including why you should consult and hire an experienced criminal defense attorney as early in the process as possible.

How Thefts and Burglaries Differ From Robberies

While thefts, robberies, and burglaries can all involve unlawfully taking someone else’s property, these crimes actually have separate and distinct meanings under the law. Here’s a brief overview of the three types of offenses and the differences between them:

  • Burglary. This offense doesn’t necessarily require taking another person’s property. Instead, Florida statutes define it as unlawfully entering a dwelling (a building intended for lodging), structure, or vehicle (or remaining inside surreptitiously or after the permission to be there was withdrawn) with the intent to commit a crime.
  • Theft. Unlike burglary, theft does specifically involve taking someone else’s property, either with the intent to temporarily or permanently deprive the owner of the right to the property and its benefits, or appropriate it for their own use or use by another unauthorized person. Potential penalties for theft convictions can vary dramatically depending on the type and value of the stolen property.
  • Robbery. Like theft, robbery involves taking money or other property from someone (or from their custody) with the intent to temporarily or permanently deprive them of it. However, unlike theft and burglary, robbery specifically involves the use of force, violence, assault, or fear. It is this use of violence—or the threat of violence—that distinguishes robbery from related crimes.

Types of Robbery Charges

Strong Arm Robbery—which involves taking money or property from another person through the use of force, violence, assault, or threat—is what most people think of in response to hearing that someone was robbed or charged with a robbery. However, it is just one of several types of robbery crimes outlined in the Florida criminal code. Here’s a look at what each type of charge means and what you could face if convicted.

Strong Arm Robbery

As a second-degree felony, Strong Arm Robbery is punishable by the following penalties (or a combination thereof):

  • Up to $10,000 in fines
  • Up to 15 years in prison
  • Up to 15 years probation

Robbery by Sudden Snatching

Defined as purposefully and unlawfully taking money or property from another person’s body, Robbery by Sudden Snatching is a third-degree felony that can result in up to $5,000 in fines, up to five years in prison, up to 15 years probation, or a combination of penalties. This type of robbery charge does not require the use of violence, force, or fear-inducing threats. Examples of Robbery by Sudden Snatching include picking someone’s pocket or grabbing a purse and running away.

Robbery With a Deadly Weapon

When someone takes money or property from another person using force, violence, assault, or threats while in possession of a deadly weapon, Robbery With a Deadly Weapon charges may result. (A deadly weapon is something that is used or threatened to be used in a way likely to inflict great bodily harm or death.) You could face this charge even if you didn’t actually use the weapon in question to carry out the crime—just possessing the weapon during the commission of the crime is sufficient. As a first-degree felony, Robbery With a Deadly Weapon is an especially serious offense, resulting in a minimum of 34 ½ months in prison (unless you qualify for a downward departure), as well as:

  • Up to $10,000 in fines
  • Up to 30 years in prison
  • Up to 30 years probation

A combination of penalties is also possible.

Robbery With a Firearm

This robbery charge is characterized by the involvement of a gun. As with Robbery With a Deadly Weapon, a Robbery With a Firearm charge doesn’t require the gun to be used to commit the crime—just that it was in your possession during the unlawfully taking of money or property from someone else through the use of force, violence, assault, or threats. This first-degree felony has a minimum mandatory sentence of 48 months in prison. In some cases, the mandatory minimum could be even longer due to the 10/20/Life Firearm Enhancement. Additional penalties may include up to $15,000 fines, up to life in prison, up to life on probation, or a combination of these punishments.

Home Invasion Robbery

When someone enters a dwelling with the intent to take money or property from the occupants through the use of force, violence, assault, or fear, Home Invasion Robbery charges may result. As a third-degree felony, conviction carries a minimum of 34 ½ months in prison, as well as:

  • Up to $10,000 in fines
  • Up to 30 years in prison
  • Up to 30 years probation

Carjacking

A carjacking is a robbery in which a person unlawfully takes another person’s vehicle using force, violence, assault, or threats. This is a first-degree felony subject to sentencing enhancements. Possible penalties include a minimum of 21 months in prison, in addition to up to $10,000 in fines, up to 30 years in prison, and up to 30 years probation.

How Florida’s 10-20-Life Law Could Affect Your Robbery Case

Did the robbery in question include a firearm or other “destructive device?” Your case may qualify for the 10-20-Life rule, which imposes escalating mandatory minimum prison sentences of:

  • 10 years for possessing a firearm or destructive device during the commission of a robbery
  • 20 years for discharging or using the gun or device
  • 25 years (to life) if the use of the firearm or device resulted in serious injury or death

You Deserve a Strong Defense

Let the exceptional legal team at George Reres Law fight for your rights and future. We can:

  • Approach the prosecutor with mitigating information
  • Fight to prevent you from being charged, get your charges reduced, or get your case dismissed
  • Gather valuable evidence
  • Interview witnesses
  • Consult experts
  • Serve as your tireless legal advocate each and every step of the way

Request a Confidential Consultation

Contact George Reres Law today to schedule a discrete consultation to discuss your Florida robbery case, as well as your legal rights and options.

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Have you or a loved one been arrested for, or charged with, reckless driving in Florida? This isn’t the kind of situation you can get out of by paying a traffic ticket. That’s because reckless driving isn’t a minor traffic violation in the Sunshine State—it is a serious criminal offense.

Charged as a felony or misdemeanor, a conviction for reckless driving can result in fines, imprisonment, or both. It can also negatively affect your auto insurance rates and driving privileges. And if you’re convicted of a felony reckless driving charge, the consequences—and stigma—can follow you for the rest of your life, limiting your employment, education, and housing opportunities.

Don’t let a mistake or misunderstanding threaten to define who you are or dictate your future. Professional representation near you for traffic offenses to contest your citation is absolutely essential. Here’s what you should know about Florida reckless driving cases, including how the skilled defense team at George Reres Law can help you protect your rights and fight to avoid harsh penalties.

Defining Reckless Driving

Florida law defines reckless driving as operating a motor vehicle in a way that demonstrates a “willful or wanton” disregard for safety. When the state charges someone with reckless driving, it alleges that the accused drove a vehicle with conscious and purposeful indifference to the consequences that people or property would likely suffer as a result of their actions.

Reckless driving endangers everyone on the road. What makes it so dangerous? Research shows that engaging in reckless driving reduces reaction time by half, making it difficult to avoid hazards that could lead to crashes.

Reckless Driving Examples

Florida law doesn’t specifically spell out what is—and isn’t—reckless driving. Instead, reckless driving is more of an umbrella term that covers a wide range of hazardous behind-the-wheel behaviors. Examples of reckless driving include:

  • Fleeing a law enforcement officer
  • Drag racing
  • Excessive speeding (when combined with other factors)

While speeding plays a significant role in many reckless driving incidents, convictions for these offenses can’t be based solely on evidence of excessive speeding. However, speed, coupled with any of the following factors may support a reckless driving charge or conviction:

  • Consuming intoxicating substances
  • Weaving in and out of traffic
  • Driving the wrong way or in the middle of the road
  • Failing to watch for pedestrians or bicyclists
  • Driving through crowded residential neighborhoods
  • Putting children at risk
  • Tailgating the preceding vehicle
  • Passing improperly
  • Failing to slow down before impact
  • Disregarding traffic control devices

Potential Penalties

The penalties for a reckless driving conviction depend heavily on the number of previous offenses, as well as whether the incident resulted in bodily injury or property damages. Here’s what you need to know.

First Offense

As a second-degree misdemeanor, a conviction for reckless driving can result in a combination of any of the following penalties:

  • An up to $500 fine
  • Up to 90 days in jail
  • Up to six months of probation

Second or Subsequent Offense

Reckless driving is also charged as a second-degree misdemeanor if you have a prior conviction. However, the potential penalties increase. Upon conviction, you could face a combination of these consequences:

  • Fines between $50 and $500
  • Up to six months in jail
  • Up to six months of probation

Property Damage or Injury

The severity of the charge and possible penalties increase significantly when the reckless driving incident in question involves injuries to property or people. As a second-degree misdemeanor, if convicted of these offenses you could potentially receive a combination of the following penalties:

  • Up to $1,000 fine
  • Up to 12 months in jail
  • Up to one year of probation

Serious Bodily Injury

Reckless driving charges and penalties increase even further when the offense results in serious bodily injury. Unlike other reckless driving charges, which are misdemeanors, reckless driving causing serious bodily injury is a third-degree felony, punishable by any combination of these consequences:

  • An up to $5,000
  • Up to five years in prison
  • Five years of probation

Conviction Can Affect Your Driving Privileges

The Florida Department of Highway Safety and Motor Vehicles uses a point system to keep track of traffic violations. These points can come from traffic-related offenses big and small, from minor moving violations to reckless driving—and “collecting” too many of them can result in the suspension of your drivers license or cause your car insurance rates to skyrocket.

As a criminal traffic violation, reckless driving can add four points to your drivers license. That may not sound like much, but these points can add up quickly—and if your license is suspended, the length of the suspension is based on how many points you’ve accrued in a given period of time. For example:

  • Earning 12 points in 12 months – 30 day suspension
  • Earning 18 points in 18 months – 3 month suspension
  • Earning 24 points in 36 months – 1 year suspension

Don’t Underestimate the Value of a Strong Criminal Defense

Reckless driving charges aren’t something you can handle on your own. If you or someone you love are facing prosecution for misdemeanor or felony reckless driving, you need a tenacious defense attorney by your side—and the sooner you reach out for assistance, the better. In addition to helping you understand and protect your legal rights, hiring an attorney early in the process may even allow you to resolve a precarious situation before it spirals out of control.

Ready to find out how George Reres Law can come to your defense? Take action to protect your future.

Schedule a Consultation

Contact us today to arrange an appointment for a confidential consultation regarding your Florida reckless driving case.

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Finding yourself suspected of a crime or facing criminal charges can be frightening. This is particularly true when the incident in question involves a homicide, or the killing of one human by another.

Not only are homicide-related crimes among the most serious offenses under Florida law, but they carry some of the harshest possible penalties. As a result, law enforcement agencies and the criminal court system tend to pull out all the stops when it comes to investigating and prosecuting such cases, assigning seasoned detectives and prosecutors, and dedicating considerable resources. This might be great for district attorney conviction rates, but it can leave suspects, defendants, and their families at a serious disadvantage.

Have you (or someone you love) been named a person of interest in a homicide investigation, or charged with murder or manslaughter? Here’s what you should know about homicide cases in the Sunshine State, including how a skilled defense attorney can help level the playing field, and fight to protect your rights, your freedom, and your future.

Homicide Doesn’t Always Mean Murder

While people often use the terms “homicide” and “murder” interchangeably, they actually have separate and distinct meanings under the law. For example, “homicide” doesn’t necessarily mean “murder”—it is simply the legal term used when a human being causes the death of another human being.

Homicides don’t always lead to criminal charges. In some cases, such as in defense of self or others, a homicide may be excusable or even justified. After law enforcement conducts an investigation into the incident, the district attorney will decide whether murder or manslaughter charges are warranted.

Murder Charges in Florida

Whereas homicide is the killing of a human being by another human being, Florida law defines murder as the unlawful killing of a human being. The state has three degrees of murder. How a homicide is charged largely depends on the circumstances of the crime. The degree of your murder charge can dramatically affect how your case is handled and the penalties you could face if convicted. What follows is a brief overview of types of murder charges, including what the state has to prove, and how the degree of the charge could impact sentencing.

First-Degree Murder

A capital felony, first-degree murder is the most serious type of murder charge, punishable by up to $10,000 in fines, life in prison without the possibility of parole, or the death penalty.

A homicide may lead to a charge of murder in the first degree if it was intentional and involved “malice aforethought,” meaning that the crime was committed after a period of planning and reflection. The law doesn’t specify what length of deliberation constitutes premeditation. Depending on the circumstances, minutes—or even seconds—may be sufficient justification for a first-degree murder charge.

Suspects could also face first-degree murder charges if the homicide in question happened during the commission (or attempted commission) of other serious crimes, such as:

  • Burglary
  • Robbery
  • Arson
  • Home invasion
  • Drug trafficking
  • Kidnapping
  • Carjacking
  • Sexual battery
  • Resisting an Officer with violence
  • Aggravated fleeing or eluding
  • Human trafficking
  • Aggravated stalking
  • Aggravated child abuse
  • Aggravated abuse of a disabled adult or elderly person
  • Certain types of drug offenses

Second-Degree Murder

Second-degree murder is a homicide that occurs in the heat of passion or as the result of an action that shows reckless disregard for human life. The state doesn’t have to show that premeditation—or even the intent to kill—was involved. A conviction for murder in the second degree can carry up to 30 years in prison. However, the state may opt to pursue life imprisonment if it feels that the circumstances of the crime warrant a longer sentence.

Third-Degree Murder

Third-degree murder is an unintentional unlawful homicide that occurs during the commission (or attempted commission) of a non-violent felony offense. A second-degree felony, potential penalties for a third-degree murder conviction include up to $10,000 in fines, between 10 1/3 and 15 years in prison, and an additional 15 years probation.

Florida Manslaughter Charges

Under Florida law, manslaughter is a second-degree felony, punishable by up to $10,000 in fines, up to 15 years in prison, and 15 years of probation. A lack of malice, premeditation, or a reckless disregard for human life is what differentiates manslaughter from murder.

Manslaughter crimes can be categories as voluntary or involuntary. Common manslaughter charges include:

  • Manslaughter by Act. A type of voluntary manslaughter, this charge is filed when an inexcusable and unjustified intentional action causes the death of another person.
  • Manslaughter by Procurement. Another type of voluntary manslaughter, this charge may be appropriate in cases where someone persuades, induces, or encourages another person to commit an action that results in the death of a third party.
  • Manslaughter by Culpable Negligence. This involuntary manslaughter charge alleges that a defendant engaged in criminally negligent conduct that resulted in another person’s death.

Having trouble distinguishing between certain degrees of murder and manslaughter? You’re not alone. The line between these crimes isn’t always clear—which is why hiring an experienced murder defense attorney who can advocate for your rights and interests is absolutely vital to ensuring the best possible outcome.

You Deserve a Strong Defense

At George Reres Law, P.A., we know that life doesn’t always go according to plan—and it doesn’t take much for you to find yourself on the wrong side of the law, fighting for your freedom and your family’s future. You deserve a vigorous defense and you’ve come to just the right place for help. With extensive courtroom—and life—experience, our firm capably handles even the most complex murder and manslaughter cases.

Schedule a Consultation

The state has to prove your guilt beyond a reasonable doubt. Don’t sit idly by while the criminal court system gears up for its next big win. The sooner you involve us in your case, the sooner we can get to work gathering the evidence needed to combat these charges. Contact us today to schedule a confidential consultation with a member of our exceptional legal team.

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Have you or someone you love been arrested for, or charged with, Driving Under the Influence (DUI) in the Sunshine State? Don’t underestimate the severity of the situation. While people often think of a DUI as a simple traffic violation, it is a serious crime under Florida law that carries the potential for harsh penalties that escalate with each subsequent conviction.

Sadly, criminal penalties aren’t the only ways a DUI conviction can affect your life. In addition to potential fines, imprisonment, and the revocation of your drivers license, having a DUI conviction on your record can negatively affect your car insurance rates, employment, and educational opportunities, as well as carry long-lasting social stigma.

Don’t risk letting a momentary lapse of judgment or a misunderstanding turn your life upside down. Here’s what you need to know about Florida DUI cases, including why hiring local law professional specializing in DUI is essential to securing the best possible outcome.

How Florida Law Defines DUI

When charging someone with a DUI, the state alleges that they drove—or were in actual physical control—of a vehicle while their normal faculties were impaired. This impairment could be caused by alcohol, but it doesn’t have to be. Under Florida law, you could also face DUI charges for driving (or physically controlling) a vehicle when under the influence of an impairing chemical or controlled substance.

BAC and Legal Impairment

A blood or breath alcohol concentration (BAC) of .08 percent is the legal limit in Florida. However, everyone absorbs and metabolizes alcohol differently, and BAC can be affected by a variety of factors, such as:

  • Your rate of alcohol consumption. Consuming multiple alcoholic beverages in a short period of time can negatively impact the body’s ability to metabolize alcohol, resulting in significant impairment.
  • Whether—or how much—you’ve eaten. Drinking on an empty stomach or when you haven’t had much to eat allows the body to absorb alcohol much more quickly, which can worsen and speed up the effects of intoxication.
  • Your biological sex. Men and women metabolize alcohol at different rates. In general, men metabolize alcohol faster than women, as women have fewer of the enzymes needed to break it down before it reaches the bloodstream.
  • Your weight and body fat. Smaller, lighter-weight people tend to have higher BACs than heavier people, even after consuming the same amount of alcohol. Body fat also plays a role, as people with higher body fat percentages maintain higher concentrations of alcohol than those with leaner builds.
  • The medications you’re taking. Certain prescription and over-the-counter medications can affect how your body metabolizes and absorbs alcohol.

The effects of alcohol can be varied and unexpected. As a result, it is often difficult for people to accurately determine whether they are legally safe to drive. You could have a BAC of .08 percent or greater and not even feel intoxicated. This makes getting behind the wheel after drinking a risky proposition, regardless of how many alcoholic beverages you’ve had.

Florida DUI Penalties

Punishments for DUI convictions are substantial from the very first offense, and get more and more severe with subsequent convictions. Potential penalties can include fines, imprisonment, impoundment or immobilization of your vehicle, restriction or loss of your drivers license, and mandated participation in drug or alcohol education or treatment programs.

First Conviction

  • Fines between $500 and $1,000; if there was a minor in the vehicle or BAC was .15 or higher, fines can range from $1,000 to $2,000.
  • Imprisonment for up to six months; the sentence can increase to up to nine months due to a high BAC or having a minor in the vehicle.
  • Loss of use of your vehicle for 10 days.
  • Revocation of drivers license ranging from 180 days to one year for offenses without bodily injury; minimum of three years loss of license for offenses involving bodily injury.

Second Conviction

  • Fines between $1,000 and $2,000; fines can range from $2,000 to $4,000 when there is a child in the vehicle or BAC is at or exceeds .15 percent.
  • Imprisonment for up to nine months; or up to one year for incidents involving high BAC or minors in the vehicle.
  • License revocation for 180 days to 12 months for offenses without bodily injury.
  • When a second DUI conviction occurs within five years, additional penalties include a mandatory minimum of 10 days imprisonment, 48 hours of which must be consecutive, as well as the potential for vehicle impoundment or immobilization for 30 days, and loss of drivers license for five years.

Third Conviction

  • Fines between $2,000 and $5,000, or a minimum $4,000 fine when a minor is in the vehicle or BAC is .15 percent or greater.
  • Imprisonment for up to 12 months.
  • Loss of drivers license for a period of 180 days to one year for offenses without bodily injury; minimum of three years license revocation for offenses involving bodily injury.
  • When a third conviction occurs within 10 years of a second DUI conviction, penalties include mandatory imprisonment for at least 30 days, at least 48 hours of which must be served consecutively, loss of vehicle for 90 days, and license revocation for a minimum of 10 years.

Fourth or Subsequent Conviction

  • Minimum $2,000 fine; minimum $4,000 fine for incidents involving high BAC or children in the vehicle.
  • Imprisonment for up five years.
  • Mandatory permanent drivers license revocation.

Other Consequences of Conviction

  • A DUI conviction can dramatically increase your car insurance rates—and you may have difficulty finding an insurer willing to cover you.
  • If you lose your license and use of your vehicle, you could also lose your job if you aren’t able to get a restricted license.
  • DUI convictions can reduce your eligibility for educational opportunities like scholarships and other prestigious programs.
  • If convicted of a felony DUI offense (those involving a repeat DUI offender, serious bodily injury, manslaughter, or vehicular homicide), the consequences can continue to follow you long after you’ve completed your sentence.

Benefits of Early Representation

Don’t make the mistake of thinking this whole DUI thing will just blow over. The sooner you contact a defense attorney, the better. Having skilled legal representation in the early stages of a DUI prosecution makes it possible for your attorney to begin vigorously advocating or your behalf before things start to spiral out of control.

Schedule a Consultation

Give yourself the best chance for a positive outcome. Contact George Reres Law today to schedule an appointment for a confidential review of your Florida DUI case.

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Burglary is a serious offense in the Sunshine State. Since burglary crimes are always charged as felonies, even first-time offenders can face significant consequences if convicted.

Are you or someone you love under investigation for, or charged with, burglary or a related crime like criminal trespassing? Your freedom and future may hang in the balance. Understanding how these charges (and a subsequent conviction) could affect your life and family, as well as how an experienced burglary defense attorney can assist you, is absolutely vital.

Here’s what you need to know about Florida burglary cases, including why you should seek legal counsel as soon as possible.

How Burglaries and Robberies Differ

Though people often use “burglary” and “robbery” interchangeably in conversation, the terms have separate and distinct meanings under the law. Whereas robbery involves taking property from someone by force, or by threatening the use of force, burglary is characterized by these elements: unlawful entry and the intention to commit a crime.

Burglary Defined

Florida defines burglary as entering a dwelling, building, or vehicle with the intent to commit a crime. Criminal intent is key here—as a result, you could potentially be charged with burglary even if you didn’t break in and never actually took anything. For example, burglary charges may result from:

  • Entering a residence, building, or vehicle by invitation with the intent to commit a crime inside
  • Remaining in the structure or vehicle secretly—or after being asked to leave—with the intent to commit a crime
  • Entering with the intent to commit a violent felony, such as robbery, carjacking, kidnapping, or sexual assault or battery

Types of Burglary Charges

In Florida, you can be charged with first-, second-, or third-degree burglary. The degree of the charge, as well as the severity of the possible penalties vary depending on the circumstances of the incident in question. However, because all burglary crimes are felonies, even a conviction for third-degree burglary—the least serious form of the offense—can carry potentially life-altering legal consequences. What follows is a brief overview of burglary charges and their penalties.

First-Degree Burglary

As a first-degree felony and punishable by up to life in prison, first-degree burglary is the most serious form of the crime. These burglaries can leave physical injuries and substantial property damages in their wake. You could face charges of burglary in the first degree if you:

  • Assault or batter someone during the commission of the crime
  • Have explosives or other dangerous weapons in your possession while committing the crime
  • Use a car, truck, or other motor vehicle to commit the crime, causing damage to the dwelling, structure, or vehicle—or the property inside
  • Cause more than $1,000 damage to the affected dwelling, structure, or vehicle, or its property.

Second-Degree Burglary

Second-degree burglary is a second-degree felony, punishable by an up to $10,000 fine and up to 15 years in prison. Lack of assault or battery and fewer damages is what distinguishes second-degree burglaries from their first-degree counterparts. You could face second-degree burglary charges if you:

  • Burglarize a dwelling (a place intended for lodging)
  • Commit a burglary while another person is inside the structure
  • Commit a burglary while another person is inside the vehicle
  • Burglarize an authorized emergency vehicle
  • Burglarize a structure with the intention of stealing a controlled substance

Third-Degree Burglary

A third-degree felony, burglary in the third degree, is punishable by an up to $5,000 fine and up to five years in prison. The lack of assault or battery, significant damages, dangerous weapons, and people in the affected structure or vehicle at the time of the crime is what distinguishes third-degree burglary from first-degree burglary and second-degree burglary. You could face charges of burglary in the third degree if you:

  • Burglarize an unoccupied structure
  • Burglarize an unoccupied vehicle

Criminal Trespassing

Criminal trespassing isn’t a type of burglary. However, people charged with burglary may also find themselves facing this related charge. Under Florida law, a person commits criminal trespass when they enter—or remain—in a dwelling or vehicle without the owner’s permission. Unlike burglary crimes, which involve the intent to commit a crime, criminal trespassing just requires a general intent to trespass—no criminal intent is needed. The severity and type of criminal trespassing charges can vary, and heavily depend on the details surrounding the incident in question.

Repeat Offenders May Face Enhanced Penalties

Any burglary charge is serious, but this is particularly true for repeat offenders. In Florida, offenders with two or more felony convictions may be subject to sentencing enhancements for subsequent convictions. Factors that can affect the enhancement received include the seriousness of your current charge, as well as the gravity and number of prior offenses.

Common Burglary Defenses

  • No criminal intent. Burglary hinges on the defendant’s intention to commit a crime once inside.
  • Permission or invitation. A person invited in and given permission to stay hasn’t committed the unlawful entry element of a burglary crime. This type of defense could also be applied if you mistakenly believed you had the required invitation or permission.
  • Public space. A burglary crime requires unlawful entry, which doesn’t apply to spaces that are open to the public.
  • Alibi. For people mistakenly identified as having participated in a burglary crime, a reliable alibi can serve as a strong defense.

You Deserve a Defense

No matter what you’re accused of—or what you may have done—you deserve a vigorous defense. At George Reres Law, P.A., we proudly defend clients against burglary and other criminal charges, investigating and gathering the evidence needed to present a strong case for reasonable doubt.

Schedule a Consultation

Contact us today to schedule an appointment for a confidential consultation. Don’t underestimate the value of early representation. The sooner you hire us, the sooner we can approach the prosecutor with mitigating information that could potentially result in reduced or dismissed charges.

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There are currently 38 states with stand your ground laws allowing deadly force in certain situations. Florida’s stand your ground law was introduced in 2005.

Because the terms of stand your ground laws vary significantly from state to state, they are often misunderstood by individuals facing charges related to the use of deadly force. Knowing what Florida allows is crucial if you think this defense might be applicable to your case.

Understanding Florida’s Stand Your Ground Law

Florida Statutes Title XLVI § 776.012 is commonly referred to as the stand your ground law. It outlines the conditions for justifiable use of deadly force and broadens the scope of a self-defense claim. It reads:

“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”

Stand your ground laws are sometimes referred to as part of the castle doctrine that allows a person to protect against an intruder in their home. However, this description is not entirely accurate in terms of Florida law as the stand your ground statute applies to a broader range of situations and the person using the force does not necessarily need to be in their own home.

If applicable, Florida’s stand your ground law protects a person from both criminal and civil prosecution related to the use of force.

Defining “Reasonably Believes”

While the law is clear that you are allowed to use deadly force if you are in a place where you are entitled to be and that you are not required to escape danger before using force, the definition of “reasonably believes” is less certain.

A person is presumed to be in danger if the individual they used defensive force against was unlawfully entering or had entered a dwelling, residence, or occupied vehicle. There is also a presumption of danger when the individual using the force knew or had reason to believe that an unlawful and forcible entry or act was occurring or had occurred.

Applying the stand your ground defense to cases of domestic violence is particularly challenging because the courts are often inconsistent in recognizing the signs of danger. For example, someone who has been abused by their partner over an extended period might recognize a specific tone of voice or gesture as a sign of impending danger. Yet, a judge or jury may find this explanation insufficient.

Specific Exemptions

The stand your ground defense will not apply when the person who is using force:

  • Is not lawfully in an area
  • Is engaged in a criminal act
  • Initially provoked the violence
  • Attacked a person who was already in retreat
  • Attacked a known law enforcement officer performing official duties

Why You Need an Experienced Criminal Defense Attorney

Charges related to the use of deadly force, such as those for manslaughter, murder, aggravated assault, and illegal discharge or brandishing of weapons, carry the possibility of significant time behind bars. While the stand your ground defense may apply to your case, multiple variables must be considered before it can be used successfully. Your best course of action is to work with an experienced criminal defense attorney to determine how to proceed.

At George Reres Law, we are committed to helping you protect your future and will work aggressively to defend your freedom. Regardless of the specific charges you’re facing, we will listen to your story, explain your options, and advocate for your interests at every stage of the criminal court process. Call us at (954) 523-3811 or fill out our contact form to request a confidential consultation.

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Probation refers to a period of court supervision that is most often ordered in lieu of incarceration or after a defendant has been released on parole. The Office of Community Corrections reports that there are currently over 164,000 individuals on probation throughout Florida.

Individuals on probation are subject to monitoring through contacts at their residences, employment sites, and other locations in the community. Non-compliance with the terms of probation is reported to the sentencing or releasing authority and can result in significant penalties.

Common Probation Violations

Probation violations can encompass a wide range of behaviors, but some of the most common include:

  • Committing another crime while on probation
  • Missing a required appointment with your probation officer without a valid excuse
  • Failing to attend a court hearing
  • Not paying court-ordered fines or restitution
  • Failing to complete community service that is required as part of your sentence
  • Visiting places or people linked to criminal activity
  • Failing to find employment or attend school
  • Having a positive drug screen
  • Not completing a required substance abuse treatment program

A violation for an offense that is not illegal on its own, such as missing an appointment, is called a technical violation. A violation for an offense that could potentially result in new criminal charges, such as drug possession, is called a substantive violation.

What to Expect After a Probation Violation

If your probation officer reports that you have violated the terms of your probation, the court will review the allegations and potentially issue a warrant for your arrest. If you are arrested, you’ll likely be placed on “no bond” status and required to remain in jail until bond can be requested.

The cost of the bond will depend on many factors that the judge scrutinizes after a review of the probation officer’s affidavit. The judge will determine the probation bond as it is not automatically set.

A violation of probation (VOP) hearing provides you with less legal protection than what you’d expect if you were charged with a new crime. Since you have already been found guilty of an offense and are now accused of violating the terms of your sentence, you forfeit some of the protections you’d normally receive. For example:

  • Your probation officer may be the state’s only witness.
  • The court can make you testify against yourself.
  • Hearsay is admissible.
  • You are not entitled to a jury trial.
  • There is no statute of limitations.

In a VOP hearing, your guilt must be proven by a preponderance of the evidence instead of beyond a reasonable doubt. This means the prosecutor must only prove it is more likely than not that you violated the terms of your probation—a standard that is much easier to meet and thus makes it vital that you have adequate legal representation.

Potential Penalties for a Probation Violation

The penalties you’ll face for a probation violation depend on the severity of the allegation against you, the crime you were first charged with, and your previous criminal record. However, there are three general outcomes:

  • Revocation. The judge chooses to end your probation and impose any sentence associated with the original charge—including time behind bars.
  • Modification. New conditions are added to your probation or the probationary period is extended.
  • Reinstatement. Your probation continues with only a warning against future violations.

Violating probation for a serious or violent felony offense is most likely to result in revocation, while probation violations for first-time technical violations on a non-violent offense are most likely to result in modification. Reinstatement of probation is rare.

How an Experienced Criminal Attorney Can Help

To reduce the risk of incarceration for a probation violation, you need to consult an experienced Florida attorney as soon as possible. Your attorney can help you prepare for your VOP hearing and ensure your rights are protected throughout the process. Since the courts have broad discretion in determining how probation violations are handled, your attorney can also present any mitigating evidence that would support a more lenient punishment.

At George Reres Law, we represent individuals charged with a wide range of offenses—including burglary, robbery and theft, and assault and battery. When our clients have been accused of a probation violation, we will listen to their story, explain their options, and help them determine the best way to move forward. Call us at (954) 523-3811 or fill out our contact form to request a confidential consultation.

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BS is a boat captain and was charged with stealing an expensive piece from one boat and putting it on another. BS had several prior arrests and was not eligible for a withhold of adjudication on the new felony. BS would have lost his captain’s license if he pled and was convicted of the felony. We were able to convince the prosecutor’s supervisor to change the charge to a misdemeanor and that meant that BS could keep his captain’s license.

How a Fort Lauderdale Criminal Defense Lawyer Can Help Your Case

If you or someone you love has been charged with misdemeanor or felony theft, we can help. Call George Reres Law, P.A. at (954) 523-3811 or fill out our contact form to get answers at no cost to you.