The criminal justice system is filled with situations like these. Now, instead of a misdemeanor, the initiator of the fight could be charged with a felony punishable by life in prison. Nothing else about the facts are different and noone is injured. Now imagine that for some reason that fight spills into the victim’s home. In most circumstances, the initiator of the fight might at worst be charged with a misdemeanor battery and would be facing probation or minor jail penalties.
Take for example a situation where a fight breaks out between neighbors. The facts of these types of cases, however, are not always as clear as we would hope. Now, upon hearing about the penalties associated with a “Burg Bat,” many people may thing that the harsher penalties are appropriate for a person who enters into the home of another without permission and with the intention of committing a battery or an assault. Anyone charged with this serious offense should not hesitate to contact a skilled Sarasota criminal lawyer to aid in their defense. Pursuant to Florida Statute 810.02 subsection 2(a), if a person commits a burglary, and in the course of that offense, committed either an assault or battery on a person residing in that building, the offense is upgraded to a first degree felony punishable by up to life in prison. One of the most significant of those enhancements is the burglary with assault or battery enhancement. The burglary statute contains several potential enhancements.
Burglary with no enhancements is considered a second degree felony which is punishable by up to fifteen years of imprisonment. Elements Of Burglary With Batteryīurglary on its own is already a serious criminal offense.
Burglary is defined by Florida Statute 810.02 as “entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.” Whereas most people automatically associate burglary with theft, in truth a person can be charged with burglary if there is any evidence they intended to commit any crime within the home that they had no authority to enter. In reality, serious criminal charges like burglary can arise from relatively mundane fact patterns that, to the untrained eye, might not initially fit the layperson’s idea of what a burglary is. An experienced Sarasota criminal lawyer can help you dispel some of the myths of the justice system. When we think of a criminal charge like burglary, images are conjured to the mind of masked intruders and cat burglars breaking into homes and businesses to steal valuables, because that is what is portrayed to people outside of the legal system. That, along with the news media choosing to generally report on only the worst aspects of our society can lead to an overall negative worldview, especially when it comes to people charged with criminal offenses. And popular media has a reputation for extreme dramatization. The lay person’s idea of criminal offenses is often shaped by popular media. Sarasota Criminal Defense Attorneys Defending Your Rights
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