Jacksonville Criminal Attorney Blog

Detectives allege three men in custody and a fourth who is at-large were responsible for break-ins at area Best Buy stores from Jacksonville to Ocala, The Florida Times-Union reports.

Jeffrey Lamont Platts, 32, William David Alonzo, 19, and Demarco A. Varnes-Appling, 21, have all been charged with burglary. Additionally, Varnes-Appling has been charged with
aggravated battery and aggravated assault against an officer, resisting an officer without violence, auto theft, leaving the scene of an accident and reckless driving, the newspaper reports. Detectives believe two other men are also involved.

These are some serious allegations that can put these young men in prison for years and possibly decades, which is why hiring an aggressive Jacksonville Criminal Defense Attorney is so critical. The case reflects a piling on of the charges so often seen (and so often unwarranted) when dealing with defendants. Take the assault on a police officer and resisting arrest without violence charges. Which is it? Police have thrown the book at the defendant hoping something sticks.

According to the news report, the Jacksonville Sheriff's Office worked the case for several months after reports of similar suspects breaking into the large electronics stores. Detectives say they caught the men in the act recently at a Jacksonville Best Buy, using covert deputies to hide in bushes and near the store waiting. According to the article, the men cased the store for five hours before breaking in around 3:30 a.m., by busting through a wall in the back.

People sometimes get burglary and robbery mixed up. Burglary is stealing something from a structure, while robbery is stealing from a person. While a burglary can be committed with a person present, it is typically charged when a business or vehicle is broken into and possessions are stolen. Therefore, the penalties for burglary are typically less than for robbery, but both charges are felonies and can be punished by prison time.

According to Florida Statute 810.02, there are different forms of burglary:

Burglary as a first-degree felony: If a person assaults someone during the crime, is armed during the crime, causes damage to property during the crime or uses a vehicle to damage property as part of the crime. It is punishable by up to 30 years in prison.

Burglary as a second-degree felony: If a person doesn't assault someone and isn't armed, but commits a burglary where a person is inside the dwelling or structure at the time. That crime is punishable by up to 15 years in prison.

Burglary as a third-degree felony: This is perhaps the most common type of burglary charge, which happens when someone breaks into an empty house or building. It is punished by up to 5 years in prison.

If a vehicle is stolen, under Florida Statute 812.014, the person can be charged with grand theft of an vehicle, which is a third-degree felony, punishable by up to 5 years in prison.

It's clear that these penalties are steep to serve as a deterrent to people who would consider breaking into homes, buildings or vehicles in order to steal. But being able to prove the charge is a whole other matter. Prosecutors sometimes have difficulty proving these charges unless law enforcement catches someone red-handed.

If they have to rely on co-defendants who have their own credibility issues, it can be advantageous to the defendant. Not making a statement is critical in these cases because they can be used against the defendant in court.

Continue reading "Car, Store Break-Ins Lead to Felony Charges in Jacksonville" »

In Florida, there is a crime called "Possession of Burglary Tools". This is a third degree felony punishable by up to five years in prison. "Burglary tools" could be lock picks, a crow bar, or even a hammer. It is not enough just to have these tools in your pocket. In order to be convicted of this crime in Florida, the prosecutor must prove that you intended to commit a burglary, you had in your possession a tool that you intended to use in the commission of a burglary, and you did some overt act toward the commission of the burglary.

In Florida, "burglary" is when you enter or remain in a dwelling, structure, or a conveyance (automobile) with the intent to commit an offense therein. Many people think that you have to "break" something in order to be arrested for burglary. Not so. You can touch the outside of a building with the intent to commit a crime inside and that can be considered a burglary. If you enter someone's garage with the intent to commit a crime and eventually leave, you can still be arrested for burglary to a dwelling in Florida.

Two UF basketball players were arrested this past Sunday, April 10th, for burglary to a conveyance. Both Cody Larson and Erik Murphy were allegedly spotted near a car that was broken into and then running off. The UF team manager was also arrested for being a lookout. After taking the men into custody, the police put them two of the men, Murphy and Adel, into the back of a police car by themselves. Most police cars are equipped with recording equipment (audio and video). The men apparently were recorded admitting to the Florida burglary.

In Florida, burglary to a car is a third degree felony. A third degree felony in Florida is punishable by up to 5 years in Florida State Prison. In order to prove that a burglary occurred, the prosecutor's office must prove the following elements beyond a reasonable doubt:

1. The suspect entered a conveyance (automobile) owned by someone else.

2. At the time of entering the conveyance owned by someone else, the suspect had the intent to commit a crime in the conveyance, such as the crime of theft.

3. The suspect was not invited to enter the conveyance.

Intent is the primary focus of this crime. It is an operation of the mind and can be established by circumstances surrounding the entering of the car. A "conveyance" is any car, ship, vessel, railroad car, trailer, or airplane.

Our Jacksonville Criminal Defense Law Firm represents many people charged with crimes. A fairly common crime is burglary. A burglary in Jacksonville is committed when you enter or remain in a dwelling, structure, or conveyance with the intent to commit a crime therein, unless the place is open to the public at the time or you have been allowed to enter. Most people believe that you have to "break and enter" in order to be arrested for a burglary, but the fact is you don't have to break into anything. You just have to enter.

In Florida, there are a few things you can burglarize. One is a "structure". This is defined as a building of any kind, either temporary or permanent, which has a roof over it together with the curtilage. A "dwelling" can also be burglarized. This is defined as a building or conveyance of any kind, including an attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging in it at night. The last thing that can be burglarized is a "conveyance". A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, or sleeping car.

When someone has been arrested for burglary in Jacksonville or anywhere in Florida, the possible punishment depends on what was "broken into". Burglary means that you entered somewhere you did not have a right to be with the intent to commit a crime within. It can with the intent to commit ANY crime, like theft, battery, and arson. The different places you can burglarize are defined below:

Structure - a building of any kind, either temporary or permanent. It has to have a roof over it.

Dwelling - a building or conveyance, including a porch, whether temporary or permanent, which has a roof on it and is designed to have people lodge in it at night.

Conveyance - any motor vehicle, boat, railroad car, airplane.

If someone is arrested for trespassing or burglary in Jacksonville, they are likely to be arrested for possessing burglary tools as well. Possessing "burglary tools" is a third degree felony punishable for up o 5 years in prison.

In order to be convicted of this charge, you have to possess any tool or machine with the intent to commit a burglary. It is not enough to prove that you intended to commit the burglary while the tools were in your possession. The prosecutor must prove that you intended to use THOSE tools to commit the burglary. You would have to commit some overt act toward the commission of the crime. Technically, any tool can be considered a burglary tool if you look at the totality of the circumstances involved.

Burglaries are up in Duval County, Clay County, and St. Johns County, according to the Florida Times Union. Burglary is when someone 'breaks" into a home or business with the intent to commit a crime once inside.

Jacksonville has about 1,000 burglaries reported a month this year. Clay County had a 2% increase and St. Johns County had a 23% rise.

JSO solves around one in 10 burglaries.

If you have been arrested for burglary in Jacksonville or anywhere in Northeast Florida, contact our experienced Burglary Lawyers in Jacksonville at (904) 634-0900 24 hours a day, 7 days a week.

Three businesses in Jacksonville's Riverside were burglarized in one week. The burglars busted out the business' windows and took the registers.

If you break into a closed business, you can be charged with "Burglary to a Structure" You have to enter the building with the intent to commit a crime inside, such as theft. Also, your whole body does not have to enter the building. If you put any part of your body far enough into the building to commit a crime, that is enough.

If there are no other people in the building at the time of the break in, the burglary is a third degree felony punishable for up to 5 years in prison.

If you have any questions about burglary charges in Jacksonville, call our Jacksonville Burglary Attorneys at (904) 634-0900.