Possession of Burglary Tools in Florida
Florida Statute §810.06, states that a person may be charged with possession of burglary tools if they are found in possession of instruments or tools that were meant to be utilized for gaining entry or access to a building for committing a burglary.
This offense is considered to be a Felony of the Third Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment sentence not exceeding 5 years
Applicable Specific Defenses
Other Intended Uses:
This definition doesn't include any tools that were intended to be utilized to commit a wrongful deed inside the burglarized conveyance or building, like a screwdriver that was meant to be used for removing a TV.
This means that in case you were found breaking into a vehicle for stealing it and discovered to possess a screwdriver, in order for you to be convicted under this charge, the prosecution must also prove that you were intending to use or used this screwdriver for entering the vehicle. If your intention was to utilize this screwdriver for another purpose, say hot-wiring the ignition, you cannot be charged under this crime.
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If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is free. I am ready to provide legal advice regarding the next steps in your case.