FAQs

The term burglary often conjures up images of a masked intruder breaking into someone’s home at night, but the truth is more complicated. Under Florida law, burglary charges can refer to a wide range of criminal conduct.

What Is Burglary With Assault or Battery in Florida?

In the simplest terms, burglary refers to entering or remaining in a home, business, or other structure without permission while intending to commit a crime. Although that crime is most often theft, it could also be any sort of illegal conduct. The person doesn’t need to fully enter the premises, either. Even partial entry, such as when a person sticks their arm inside an open window, qualifies the offense as a burglary.

Assault or battery can qualify as the illegal conduct necessary to justify a burglary charge.

The general public often assumes that assault and battery mean the same thing, but these terms refer to two different types of illegal conduct.

• Assault means that a person threatened violence against the victim and had an obvious ability to pursue the threat. Note that a person doesn’t need to follow through with the threat to be guilty of assault.
• Battery means that a person touched or struck the victim against their will. This includes violence with a gun, knife, or other weapon, as well as hitting, pushing, shoving, kicking, and slapping. Since the threat of violence often precedes the actual physical contact, battery charges often include assault.

In Florida, burglary with assault or battery occurs when someone unlawfully enters a property and commits or attempts to commit an assault or battery. It is a first-degree felony punishable by up to life in prison.

Burglary with assault or battery could refer to physically injuring someone while attempting to steal their property, but the statute can also technically apply to other types of cases involving violence and unlawful entry. For example, a fight where one person strikes another after they have been asked to leave could lead to burglary with assault or battery charges. The charges could also apply when a fight that begins in a business parking lot progresses to take place inside the building.

It is not uncommon for police and prosecutors to interpret Florida statutes in a way that allows for more serious charges, which is often the case when someone is charged with burglary despite not having stolen anything. Overcharging burglary with assault or battery is a way of increasing their leverage and likelihood of gaining a conviction. Overcharging most often happens when they hope to get a defendant to plead guilty to a lesser charge, confess to a prior offense, or provide information regarding crimes another person has committed.

Penalties for Burglary With Assault or Battery

On its own, burglary is considered a second-degree felony that is punishable by up to 15 years in prison and a $10,000 fine. If you are not a United States citizen, this felony charge may also lead to removal proceedings.

When the charge is elevated to burglary with assault or battery, it becomes a first-degree felony. First-degree felonies can result in a maximum penalty of life imprisonment and a $10,000 fine. There are also mandatory minimums imposed for any related firearms offenses.

Common Defenses Against Burglary With Assault or Battery Charges

There are a number of potential defenses when you are charged with burglary with assault or battery. For example:

• The charge is a result of mistaken identity.
• You had permission to enter, or the premises were open to the public.
• You had no intent to commit a crime.
• You were acting in self-defense.
• The other party consented to engage in mutual combat.

Determining which defense is most effective will depend on the specifics of your case. Since the penalties for this type of charge are severe, the best thing you can do is to retain an experienced criminal defense attorney as soon as possible.

Why You Need a Fort Lauderdale Defense Lawyer for Burglary With Assault or Battery

At George Reres Law, our experienced Florida burglary with assault or battery attorneys will investigate all possible options for getting the charges dropped or reduced. You can count on us to listen to your side of the story, answer any questions you might have, and provide the honest advice you need to determine the best way to proceed. Call us at (954) 523-3811 or fill out our contact form to request a confidential consultation.

Although the general public often uses the terms careless driving and reckless driving interchangeably, these are two distinct offenses under Florida law. The primary difference lies in the driver’s intent.

• Careless Driving is a civil traffic offense. It is a form of negligence without the intent to cause harm.
• Reckless Driving is a criminal traffic offense. It is defined by a “willful or wanton” disregard for the safety of others, demonstrating a purposeful indifference to the consequences.

Understanding these specifics is essential to building an effective defense.

Is careless driving a misdemeanor in Florida? No, it is not.

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, as it is considered a criminal traffic offense. Florida Statute §316.192 defines it as a driver operating a vehicle in “willful or wanton disregard for the safety of persons or property.”

The intent to put others at risk is the key difference between careless 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 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.

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 Florida’s stand your ground law 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 Castle Doctrine Defense Lawyer in Florida

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 Florida stand your ground 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.

Probation refers to a period of court-ordered supervision, typically imposed instead of jail time or following a defendant’s release on parole. In Florida, probation is taken seriously—according to the Office of Community Corrections, more than 164,000 individuals are currently serving probation throughout the state.

Those on probation are regularly monitored at home, work, and in the community. If someone fails to comply with their court-ordered conditions, this is considered a violation of probation (VOP)—a situation that can lead to harsh legal consequences.

Common Reasons for a Probation Violation in Florida

Violating probation in Florida can happen in many ways. Some of the most frequently reported violations include:

• Getting arrested or charged with another crime

• Missing a required meeting with your probation officer

• Skipping a court date

• Failing to pay fines, fees, or restitution

• Not completing assigned community service

• Being in contact with individuals or places associated with criminal activity

• Failing to secure employment or enroll in school

• Testing positive for drugs or alcohol

• Not completing a required treatment program

These violations are typically classified in two ways:

• Technical probation violations – such as missing an appointment or failing to pay restitution

• Substantive probation violations – such as committing a new offense while on probation

What to Expect After a Probation Violation Is Reported

Once a probation officer files a report alleging a violation, the court will review the situation. If the judge believes there is probable cause, they may issue a warrant for your arrest. In most cases, you’ll be placed on “no bond” status and held in jail until a bond hearing is scheduled.

Unlike a typical criminal case, Florida VOP hearings provide fewer legal protections:

• You are not entitled to a jury trial
• The court can require you to testify against yourself
• Hearsay evidence is allowed
• There is no statute of limitations
• Your probation officer may be the only witness
• Guilt only needs to be proven by a preponderance of the evidence, not beyond a reasonable doubt

This lower standard makes it much easier for prosecutors to prove that a violation occurred, underscoring the importance of having strong legal representation.

What happens if you violate probation for the first time in Florida?

In Florida, a first-time probation violation is taken seriously, but the outcome often depends on whether the violation is technical or substantive. A technical violation, such as missing an appointment or failing to complete community service, may result in modified probation terms rather than jail time. However, if the violation involves a new criminal charge, meaning the charge is substantive, the judge could revoke probation and impose the original sentence. Judges have broad discretion, so legal representation is essential.

Is jail mandatory for a first probation violation in Florida?

A jail sentence may not be mandatory for a violation offense in Florida. For a first offense, especially if it’s a technical violation, judges often consider alternative outcomes like extending probation or adding new conditions. That said, if the violation involves violence, repeated noncompliance, or a new arrest, jail or prison time is more likely. Having a criminal defense attorney advocate on your behalf can significantly increase your chances of avoiding incarceration.

Penalties for Violating Probation in Florida

The penalties you face depend on the nature of the violation, your original charge, and your criminal history. However, outcomes generally fall into one of three categories:

1. Revocation of Probation – The judge terminates your probation and imposes the original sentence, which could include jail or prison time
2. Modification of Probation Terms – New conditions may be added, or the duration of your probation could be extended
3. Reinstatement of Probation – Your probation continues without additional penalties, but this is rare and typically only granted for first-time, technical violations

In more serious cases—especially for violent felony offenses—revocation is likely. For a first-time technical violation of probation in Florida, the court may be more inclined to modify terms rather than revoke probation entirely.

How a Florida Criminal Defense Attorney Can Help With a VOP

If you’ve been accused of a probation violation in Florida, don’t wait to get help. A skilled defense attorney can guide you through the VOP hearing process, ensure your rights are protected, and present evidence that could lead to a more favorable outcome.

Because the courts have broad discretion in how they handle these violations, having an attorney on your side could mean the difference between freedom and incarceration. Your lawyer may be able to show mitigating factors, challenge weak evidence, or negotiate for reinstatement or modification instead of revocation.

In Florida, the value and type of stolen property determines the theft charge a person may face. Theft of low-value items typically results in petit theft, but if the value exceeds $750 or involves protected categories of property, it’s classified as grand theft—a felony offense.

Third-Degree Grand Theft in Florida

Third-degree grand theft generally involves stolen property valued between $750 and $20,000. However, this charge may also apply if the property was taken from someone’s home and valued between $100 and $750.

No Minimum Value Needed for Certain Property Types

Even if the value is low, third-degree grand theft can be charged if the stolen property includes:

• Wills
• Controlled substances
• Firearms
• Motor vehicles
• Commercially farmed animals
• Anhydrous ammonia
• Items taken from a construction site
• Over 2,000 individual pieces of citrus fruit
• Installed fire extinguishers
• Stop signs

Penalty: Up to 5 years imprisonment and a $5,000 fine.

What Is Second-Degree Grand Theft?

Second-degree grand theft typically refers to property valued between $20,000 and $100,000. Other circumstances that may lead to this charge include:

• Theft of emergency medical or law enforcement equipment valued at $300 or more
• Property worth $5,000 to $20,000 stolen during a state of emergency or riot
• Cargo under $50,000 that has entered interstate or intrastate commerce

Penalty: Up to 15 years in prison and a $10,000 fine.

First-Degree Grand Theft in Florida

First-degree grand theft is the most serious theft charge in Florida. It applies to property valued at $100,000 or more, or in the following cases:

• Cargo worth more than $50,000 in commerce
• Any grand theft causing over $1,000 in property damage
• Theft involving a semitrailer used by law enforcement
• Use of a motor vehicle to commit the theft (not just a getaway car)

A second-degree grand theft committed during a riot or state of emergency may also be upgraded to first-degree if the conditions contributed to the crime.

Penalty: Up to 30 years imprisonment and a $10,000 fine.

Enhanced Penalties for Certain Theft Cases

Florida law allows for enhanced penalties under specific conditions:

• Repeat offenders may face double the prison sentence for second- or third-degree grand theft. A third offense for first-degree grand theft may even result in a life sentence.
• Theft involving a victim age 65 or older can result in upgraded charges, mandatory restitution, and community service.
• You may also face additional charges if a firearm was used or the victim was injured during the theft.

Building Your Grand Theft Defense

If you’re facing felony theft charges in Florida, working with an experienced Florida grand theft defense attorney is critical. A knowledgeable lawyer will:

• Investigate the facts of your case
• Evaluate the prosecution’s evidence
• Determine viable defenses—such as lack of criminal intent or disputed property value

In some cases, you may be able to show that you reasonably believed you had a legal right to the property, or that the property’s value doesn’t meet the felony threshold.

Speak With a Florida Grand Theft Defense Lawyer

At George Reres Law, we help Florida residents charged with serious theft and felony crimes fight for the best possible outcome. Call us today at (954) 523-3811 or complete our confidential contact form to schedule a consultation.