Legal Question in Criminal Law in Florida

Re: burglary

Burglary comes in many forms: Burglary to a structure, a conveyance (vehicle) or a dwelling. The distinction is important.

If the charge is to a dwelling, occupied or unoccupied, I respectfully disagree with Attorney Roemer's assessment: Burg to a dwelling is a level 7 second degree felony. This carries a mandatory prison sentence under the Florida Punishment Code since the point total is above 44 points (56 points straight out of the box, with additional points for any prior record and other aggravating factors).

There may be other aggravating factors, too, such as whether it involves a crime of violence (burglary does not always involve a theft) or a firearm.

I would suggest you find an outstanding attorney who only practices criminal defense, and one who is certified by the Florida Bar Associatio as a Board Certified Specialist. You'll pay more, but the cheap route can end up being very expensive: I frequently have people want to hire me after another attorney has handled it differently than I would, and it is much harder to get good results.

Best of luck to you and your friend.

Warmest regards,

Stephen G. Cobb

Re: burglary

SINCE YOUR FRIEND IS STILL YOUNG AND QUALIFIED FOR A PRE-TRIAL DIVERSION PROGRAM IT IS POTENTIAL POSSIBLE FOR HIM TO GET A LIGHT SENTENCE.HOWEVER,I OR ANY LAWYER WOULD NEED TO GET ALL THE FACTS ABOUT THIS CRIME AND HIS PAST CRIMINAL HISTORY TO HELP. iF YOU OR HIS FAMILY WOULD LIKE TO DISCUSS THIS MATTER WITH ME E-MAIL ME A PERSON,PHONE #,AND A TIME TO CALL.