Possession of Burglary Tools
Possession of Burglary Tools is a serious offense that comes with serious consequences. The State often assumes that a person in possession of certain tools was in the process of committing or attempting a burglary. Therefore, prosecutors often treat a violation of this statute much like they would any burglary. Prosecutors may also charge and prosecute this offense when they don't have enough evidence to prove a burglary charge. Call us today to discuss your Possession of Burglary Tools case.
Possession of Burglary Tools is defined in Florida Statute Section 810.06. To prove the crime of Possession of Burglary Tools, the State must prove:
- You intended to commit a burglary or trespass, and
- You had in your possession a tool, machine, or implement that you intended to use, or allow to be used in the commission of the burglary or trespass, and
- You did some overt act toward the commission of a burglary or trespass.
The State will often use the circumstances to prove that you intended to commit a burglary or trespass. For example, if you were walking down the street with a tire iron in your hand going from person's yard to yard, the State would argue that your actions show that you intended to break into the houses. They may argue that you had no reasonable reason to be carrying a tire iron and that you had no reason to be in that area. If a house had been broken into already, they would use that fact as evidence of your intent as well. Sometimes the State has more evidence of your intent and sometimes they have less. Sometimes they have very little to no evidence of your intent, yet still arrest you. Call us to discuss your particular case.
Possession of Burglary Tools is a Third Degree Felony, punishable by up to 5 years in prison.
The two most common defenses to Possession of Burglary Tools is that you had no intent to commit a burglary or trespass or that the tools were not burglary tools. You would usually use these two defenses together. Sometimes law enforcement gets it wrong and profiles citizens. They may think that you look like you're up to no good, when you actually weren't committing any crime and had no intention to commit a crime. Every case is unique. Give us a call to discuss the facts of your case and the defense available.
Possession of Burglary Tools,
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