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Discovery is one of the most critical stages in preparing for a trial. This is when the prosecution and defense teams get together to exchange all the information and evidence they have before they present it at the trial. The point of discovery is to make sure neither side feels ambushed or unprepared during the trial, as they should already know what evidence the other side has. The discovery process also allows both the prosecution and defense to prepare for witnesses by giving them the chance to arrange a deposition to hear their statements and ask questions.

If your case is moving toward trial, you should learn the basic facts of the discovery process in Florida and then ask your lawyer any questions you have.

What Do Lawyers Collect During Discovery?

When lawyers begin the discovery phase, they can request access to various documents that could help them prepare the case for trial. This might include police reports, receipts, emails, bills, inspection reports, or other relevant documents. To obtain these documents, the lawyers will often use a subpoena. A subpoena is a court order that requires a person to provide requested evidence, appear at a deposition to testify, or attend a court hearing.

Lawyers can also request interrogatories, which are answers to any questions they have about the details of the case. To submit an interrogatory, a lawyer from the other side will send a list of written questions to the opposing lawyer that they wish to have answered by a specified individual. The written answers to these questions must be returned within a set time limit. The people who answer these questions must write their responses under oath to ensure their validity and accuracy, but their attorney is allowed to help them craft their answers. The number of questions in an interrogatory is limited by court rule, but the exact number varies by jurisdiction.

Additionally, attorneys can use discovery to request that people involved with the case submit depositions. In some cases, plaintiffs or defendants may be asked to undergo mental or physical exams for the purpose of verifying their claims. If certain documents play a key role in your case, your lawyer can request that the documents face an expert examination to ensure that they are genuine. Your Fort Lauderdale criminal defense lawyer will determine what to ask for during discovery based on the details of your case.

What’s the Most Common Method of Discovery?

Among the most valuable tools in discovery is deposition. This is a statement that’s given under oath and out of court. It allows attorneys on both sides to ask questions and get answers from any witness involved in the case, with the responses being recorded on video or a written transcript, or both.

The witness being deposed is known as the deponent. Depositions usually start with an oral examination, after which a lawyer from the opposing side will cross-examine the deponent. All parties are allowed to question the deponent during the proceedings. While both lawyers are present for the deposition, they cannot directly coach the deponent during their deposition and their ability to object to any line of questioning is limited.

When Can Deposition Testimony Be Used at Trial?

The point of a deposition is to ensure both sides know what will be discussed at the trial. However, because depositions are performed out of court, they are generally considered “hearsay” and are inadmissible in court, except in three key situations:

• If the witness contradicts their deposition during their trial testimony.
• If the party makes an admission to something that is against their interests during the deposition, such as admitting to a crime.
• If the witness is unavailable for the trial.

If any of these circumstances occur, then the deposition information becomes relevant and can be admitted for use in the trial.

How Can You Prepare for Your Deposition During Discovery?

A deposition can be nerve-wracking for many people, but your defense lawyer can help you prepare so you can face the process with confidence. Before you attend the deposition, they will likely discuss the rules governing the proceedings, what documents you will likely be seeing, potential questions you may face, and general guidance on how to answer those questions and conduct yourself in the courtroom.

Some tips for a successful deposition include:

• Tell the truth: Be honest, but do not guess at answers if you are unsure. It is ok to say, “I don’t know” when you are uncertain.
• Do not volunteer information: Only provide the information that directly pertains to the question. If there is a long silence after your reply, stay calm. Some lawyers use silence as a technique to make deponents uncomfortable so they continue sharing information.
• Remain polite and composed: A deposition is the opposing lawyer’s chance to see your demeanor and how you may look on the stand at trial. They may ask personal or uncomfortable questions to check your reactions. Try to stay courteous, even if things become heated.

When Does Discovery Take Place?

Discovery takes place early on in the trial preparation process. However, it’s not the first step, as your lawyer usually focuses on any hearings you have first, such as the arraignment hearing.

After that, your lawyer will start preparing your case for trial, at which point they will request discovery. This process can take anywhere from several weeks up to a few months, as it takes time to gather documents, depositions, exam results, and more.

If you have questions about the discovery phase of trial or any other element of your case, you can get thorough answers from a caring, skilled lawyer when you contact our Fort Lauderdale law office. Call 954-523-3811 to get the legal guidance you deserve.

The terms assault and battery are used together so frequently that people often assume that they are one single criminal offense. However, in Florida, assault and batteries are separate and distinct crimes.

While the potential penalties for assault and battery offenses can vary depending on the type of degree of the charges in question, the consequences of a conviction are often significant. In addition to the possibility of steep fines and jail or prison time, being convicted of these kinds of serious crimes can continue to negatively impact you, your family, your opportunities, and your future even after you’ve completed your sentence.

Are you or someone you love the subject of an assault or battery investigation? Have you or a loved one been arrested for, or charged with, one or more of these offenses? Don’t risk letting a mistake or a misunderstanding destroy your life.

Learning how the Florida law defines these crimes, as well as how they differ and the punishments you could face if convicted is vital. Here’s what you need to know about assault and battery cases in the Sunshine State, including why hiring an experienced criminal defense attorney is your best chance for avoiding a conviction or the most severe penalties at sentencing.

Florida Assault Charges

Think you know what constitutes an assault in Florida? You might be surprised. While people often think of an assault as a physical attack, that isn’t at all how it’s defined under the law. In fact, it’s the exact opposite. Assaults, according to state statutes, are intentional, unlawful verbal or physical threats of harm to another person. These crimes also require that the person making the threats have the apparent ability to carry them out, as well as act in a way that instills a well-founded fear of imminent violence. Charged as second-degree misdemeanors, assault convictions can result in an up to $500 fine or up to 60 days in jail.

Aggravated Assault

When an assault involves the use of a deadly weapon (without the intent to kill) or with the intent to commit a felony offense, the charge can be upgraded to aggravated assault, which means the possible punishments become more severe. Instead of a second-degree misdemeanor, a $500 maximum fine, and up to two months in jail, aggravated assault is a third-degree felony charge that carries the potential for an up to $5,000 fine and an up to five-year prison sentence.

Battery Charges in the Sunshine State

Under the law, what many people consider assault—intentional, unwanted physical contact or intentionally causing physical harm—is actually battery, a separate, but often related offense. Intention and physical contact play key roles in a battery charge. If you purposefully and actually touch another person against their will, you could face a charge of battery, even if the physical contact was relatively minor. Battery is a first-degree misdemeanor offense that can result in an up to $1,000 fine and up to one year in jail.

Aggravated Battery

As with assault charges, certain aggravating factors can lead to more serious charges and penalties for battery crimes. In Florida, you could face aggravated battery charges, which are second-degree felony offenses, if:

• You used a deadly weapon in the commission of the crime
• The victim was pregnant
• You intentionally caused great bodily harm, permanent disability, or disfigurement

An aggravated battery conviction carries a maximum fine of up to $10,000, as well as up to 15 years in prison.

Cases Can Involve One—Or Both—Types of Offenses

While assault and battery are separate and distinct crimes, it is not uncommon for a case to involve charges for both types of offenses. These are instances in which threats (assaults) are followed by actual unwanted physical contact (batteries).

Conversely, in some cases, you could be charged with one crime, but not the other. For example, if the victim was approached from behind and didn’t have a chance to anticipate the unwanted contact and become frightened, a battery charge would be appropriate, while an assault charge would not be. Why? Because assaults require threats and actions that indicate imminent harm.

Florida Assault and Battery Defenses

Assault and battery are serious charges, which makes having an experienced attorney and strong defense especially important. Common defense strategies in Florida assault and battery cases include:

• Arguing that law enforcement investigators or the prosecutor lacks sufficient evidence to prove the offense
• Showing that the contact was unintentional or accidental
• Proving that the actions in question were taken in self-defense, in defense of someone else, or while defending property
• Providing evidence that the alleged victim agreed to or participated in the physical contact

While the above strategies are routinely used in assault and battery cases, only a knowledgeable and highly skilled criminal attorney can determine the right defense for your unique situation.

You Deserve an Adept Defense

If you’re facing assault or battery charges, it’s easy to feel hopeless, overwhelmed, intimidated, or even frightened. Fortunately, skillful legal counsel is available and you’ve come to just the right firm for help.

At George Reres Law, we proudly fight to protect our clients’ rights and defend their future against harsh penalties and the long-lasting stigma of a criminal conviction. After we review and accept your case, we can:

• Approach the prosecutor with mitigating information in an effort to prevent charges, or get them dropped or reduced
• Gather and analyze essential evidence
• Interview witnesses
• Consult various experts
• Negotiate or evaluate potential plea deals
• Keep you apprised of what’s happening in your case, as well as your options at each stage
• Make sure your rights are not violated during the criminal court process
• Much, much more

Schedule a Discreet Consultation

Ready to find out what George Reres Law can do for you? Contact us today to schedule an appointment for a confidential consultation.

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.

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.

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.

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.

Dear Clients & Friends:

I have the great plassure of annoucing that George Reres Law, P.A. has merged with the Law Offices of H. Scott Hecker. Our expertise in Florida crimnal law will allow us to provide our clients with the experience and expertise they deserve.

We look forward to strengthening our relationship with clients as we begin this new venture.

We work for you—and only you. We advise you on the best course of action, protect you from making mistakes, and give you constant support as we work toward the best possible resolution to your case.

If you were arrested on criminal charges or have been accused of violating the terms of your probation, call us today at 954-543-1186 or fill out our contact form to set up your confidential consultation.