Legal Question in Criminal Law in Florida

Burglary Charge Seeks Probation as opposed to Prison Sentence

I am involved in a burglary case. I opened an unlocked window and entered an occupied dwelling. I inflicted NO physical harm and did not steal property. This was a downstairs neighbor. I was extremely intoxicated at the time. I was picked up by police at my apartment 30 minutes later. I admitted to the above and cooperated with the police. I am looking at a 2 year prison sentence according to Florida's point system. I have never been in any trouble like this before. Departure was denied today. Is there hope of a second chance for me. I had to retain a public defender. I just want a chance to redeem myself in the eyes of the court. what can i do?


Asked on 12/30/02, 9:17 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Burglary Charge Seeks Probation as opposed to Prison Sentence

Unfortunately for you the Florida Criminal Punishment Code scores about 22 months for a first offense Burglary of a dwelling. The fact that you did not hurt anyone simply means you will not be charged with a life felony.

Burglary occurs when you enter into a structure with the intent to commit an offense therein.

As for what more you can do - you will have to talk to your attorney. I do not have enough info and you are already represented.

Good luck.

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Answered on 12/30/02, 10:31 pm


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