Possession of Burglary Tools in Florida
Possessing Burglary Tools is a serious crime. Contact Bottari & Doyle Law Firm in Palm Beach County at 561-588-2781 for legal representation.
Definition Possession of Burglary Tools
The prosecutor must prove three elements beyond a reasonable doubt at a trial to convict a defendant of possessing burglary tools. The three elements are:
- The defendant intended to commit a burglary or trespass.
- The defendant possessed tools during the burglary that he intended to use, or allowed to be used, in the commission of the burglary or trespass.
- The defendant made some overt act towards the commission of the burglary or trespass.
Penalties for Possession of Burglary Tools
The crime of Possession of Burglary Tools in Florida is a third degree felony, punishable by up to any combination of the following:
- Five years in prison
- Five years of probation
- $5,000 fine.
Defenses to Possession of Burglary Tools
There are many defenses to the crime of Possession of Burglary Tools. The following is a list of common defenses:
- No Intent to Use Tools: The State must be able to prove that not only did the defendant have the tools in his possession, but that he used or intended to use the tools during the burglary or trespass. Mere possession is not enough.
- No overt act: The defendant must actually take some action towards committing a burglary or trespass.
- No physical possession of tools: The state must be able to prove that the defendant possessed the tools during the burglary/trespass or attempted burglary/trespass.
If you have been arrest or charged with Possession of Burglary Tools in Palm Beach County, Martin County, or Broward County, contact a Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.