Possession of Burglary Tools in Florida
If accused of Possession of Burglary Tools in Florida, you need to know the:
- Definition of Possession of Burglary Tools
- Penalties for Possession of Burglary Tools
- Defenses to Possession of Burglary Tools
Definition of Possession of Burglary Tools
The crime of Possession of Burglary Tools criminalizes the use or intended use of tools to unlawfully enter the premises of another.
To obtain a conviction for Possession of Burglary Tools, the state must prove:
- The defendant intended to commit a burglary;
- The defendant had in his possession tools intended to be used in the commission of the burglary; and
- This element has been interpreted to mean the tools were used to gain access or entry into the building. [1]
- The defendant did some overt act toward the commission of the burglary.
Penalties for Possession of Burglary Tools
The crime of Possession of Burglary Tools in Florida is classified as a Third Degree Felony and is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Possession of Burglary Tools, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Possession of Burglary Tools
In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Possession of Burglary Tools include:
Other Use Intended
The crime of Possession of Burglary Tools does not encompass any item that may be used to commit some other offense once the burglary has been accomplished, even if that “other offense” is the offense that the defendant intended to commit once he had accomplished the burglary. [2]
What this means is that if you break into a car to steal it and are found to be in possession of a screwdriver, to convict you of Possession of Burglary Tools, the State must adduce testimony showing that you used, or actually intended to use, the screwdriver to enter the car; not that you intended to use the screwdriver to hot-wire the ignition.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Possession of Burglary Tools in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
