Possession of Burglary Tools in Florida

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.

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