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.

How Florida Defines Burglary With Assault or Battery

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. Burglary with assault or battery charges mean that a person committed an assault or battery while in the midst of a burglary.

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.

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.

Potential Punishment

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.

Building an Effective Defense

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.

At George Reres Law, our experienced Florida criminal defense 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 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.

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.

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.

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 Defense Attorney Can Help

To reduce the risk of incarceration for a probation violation, you need to consult an experienced Florida criminal defense 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.

In Florida, the value and/or type of the stolen property determines what charges a person will face. The theft of low-value items typically results in petit theft charges, while theft of property valued at $750 or more, or items that fall into certain protected categories, is considered grand theft.

Grand Theft of the Third Degree

Third-degree grand theft generally refers to property valued at $750 or more but less than $20,000. However, grand theft in the third degree can also apply to property valued between $100 and $750 if it was taken from in or around someone’s home.

There is no dollar amount required if the stolen property falls into one of the following categories:

• Wills
• Controlled substances
• Firearms
• Motor vehicles
• Commercially farmed animals
• Anhydrous ammonia
• Property taken from a construction site
• More than 2,000 individual pieces of citrus fruit
• An installed fire extinguisher
• Stop sign

Grand theft of the third degree is a felony that can carry a sentence of up to five years imprisonment and a fine not to exceed $5,000.

Grand Theft of the Second Degree

Grand theft of the second degree typically refers to property valued between $20,000 and $100,000. Other scenarios that can lead to this type of charge include:

• Theft of emergency medical or law enforcement equipment with a value of $300 or more
• Property valued between $5,000 and $20,000 stolen during a declared state of emergency or a riot
• Cargo with a value of under $50,000 which has entered interstate or intrastate commerce

Grand theft of the second degree is a felony that carries a sentence of 15 years imprisonment and a fine not to exceed $10,000.

Grand Theft of the First Degree

Grand theft of the first degree is the most serious type of theft charge under Florida law. It requires the theft of property valued at $100,000 or more or one of the following:

• Cargo valued at more than $50,000 which has entered interstate or intrastate commerce
• Any grand theft that causes over $1,000 worth of property damage
• A semitrailer deployed by a law enforcement officer
• Any grand theft using a motor vehicle as an instrument of the crime (excluding the getaway car)

Additionally, any grand theft of the second degree that occurs during a declared state of emergency or riot can be upgraded to grand theft of the first degree if these conditions facilitated the theft.

Grand theft of the first degree is a felony that carries a sentence of up to 30 years imprisonment and a fine of up to $10,000.

Potential for Enhanced Penalties

Florida law provides enhanced penalties for repeat offenders. For a third offense, the maximum prison sentence doubles for a second- or third-degree grand theft. First-degree grand theft can then lead to a life sentence.

There are also enhanced penalties for grand theft involving a victim age 65 or older. Charges are upgraded, and a convicted person can be made to pay restitution to the victim and perform community service.

You may be facing additional charges if a firearm was used during the crime or if the victim was injured.

Building the Strongest Possible Defense

Whenever you are facing felony criminal charges related to robbery or theft, it is vital that you contact an experienced Florida criminal defense attorney as soon as possible. Your attorney will listen to your side of the story, investigate the facts of your case, evaluate the evidence against you, and determine which defense might be applicable. For example, your attorney might argue that you had a good reason to believe you had a legal interest in the property and thus had no criminal intent. Or, you may be able to submit evidence showing that the value of the property is not high enough to support the charges against you.

George Reres Law is dedicated to helping Florida residents accused of serious crimes achieve the best possible result for their cases. Call us at (954) 523-3811 or fill out our contact form to request a confidential consultation.