Burglar To Receive Gift Of Forgiveness From Victim In Exchange For Return Of Property
A Miami church was recently burglarized, but the pastor is not looking for anything other than the return of the missing $5,000 keyboard. According to reports, the pastor is willing to set an example of forgiveness and not press charges as long as the keyboard is returned. Hopefully this charitable gesture is enough incentive for the person who committed the crime to have a change of heart and for the church to recover the musical equipment. The burglar, who is thought to have used a large rock to break a window to gain entry to the church, also caused damage that will need to be repaired.
For crimes committed after July 1, 2001, burglary is generally defined by Florida Code Section 810.02 as either entering and surreptitiously staying within certain premises with the intent of committing an offense or forcible felony inside the premises, unless the premises are open to the public or the accused has been invited to enter. A burglary is classified as a felony, but the degree is dependent upon the factors surrounding the incident. Generally speaking, for a burglary to be charged as a felony in the third degree, the offender must not have assaulted anyone or been armed and there must not have been any other uninvolved person in the property at the time of the offense. Additional factors involving the type of property in which the defendant commits the offense, whether other people are present, and if controlled substances are involved will affect whether the offense will be elevated to a felony of the second degree. Lastly, the burglary is a felony of the first degree if the defendant assaults someone, is armed, or causes damage to the premises during the commission of the crime, or if he or she uses a vehicle during the commission of the crime except as merely a getaway vehicle.
States Of Emergency
Committing a burglary during a state of emergency comes with higher penalties. When any burglary originally classified as a second or third degree felony is committed in an area where a state of emergency has been declared, and the burglary is facilitated as a result of conditions that so often accompany a state of emergency such as power outages, evacuations, civil unrest, or the absence or slow response time of emergency or security personnel, the offense will be elevated by one degree.
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The criminal justice system can be intimidating, but when you find yourself facing criminal charges, you are not alone. Obtaining quality legal representation is an important first step when defending yourself against the charges you may be facing. Finding a criminal defense attorney that you can trust to provide a high level of effective and efficient representation is imperative in order to ensure the protection of your valuable rights. At the office of Deric Zacca, P.A. in Fort Lauderdale, we understand what it takes to be successful in the courthouse. Attorney Zacca’s years of experience both prosecuting and defending accused criminals work to your advantage, as he knows the most important factors in any kind of criminal matter. You can be assured that Attorney Zacca will get the best results possible for you. Contact the office of Deric Zacca, P.A. today.