Possession of Burglary Tools in Florida

In Florida, the crime of Possession of Burglary Tools is defined as the possession of tools or instruments intended to be used to gain access or entry into a building in the commission of a burglary. [1]

Penalties for Possession of Burglary Tools

In Florida, the crime of Possession of Burglary Tools is a Third Degree Felony punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Possession of Burglary Tools is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code and a judge may sentence a person convicted of Possession of Burglary Tools to probation, but may also impose a sentence up to the statutory maximum.

Defenses to Possession of Burglary Tools

In addition to the pretrial defenses 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 definition of burglary tools does not include tools intended for use in committing a crime inside a burglarized building or conveyance, such as a screwdriver to remove a hanging TV. [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, contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Florida Statute 810.06
  2. Clark v. State, 58 So. 3d 401 (Fla. 1st DCA 2011)