Hurricanes are a part of life in South Florida and the June to November hurricane season brings the risk of flooding and other serious problems. It is not unusual for a serious storm to necessitate counties having to declare a state of emergency. This can have a serious impact on your criminal charges if you are accused of burglary during this time.
When you commit burglary of any type when the county you are in is under a state of emergency it will elevate the level of felony you are charged with. A burglary of a structure or conveyance will increase to a 2nd degree felony, and burglary of a dwelling to a 1st degree felony. These increases include more jail time and higher fines, as well as increased difficulty in fighting the charges.
There is a way to fight these felony charge increases when you have a Miami criminal defense attorney on your side. The prosecution must prove that the burglary was facilitated by the conditions arising from the emergency. For example, if a storefront’s windows were blown out by the hurricane and allowed you to access the inside without setting off an alarm, that may be considered facilitation by the emergency.
There are many other factors that can increase the criminal charges that you face for burglary. Without the help of a Miami criminal defense attorney you may be facing the maximum penalties or even charges that you are innocent of. Good legal assistance is important in the quest to have criminal charges reduced or dropped in a burglary arrest.
You can learn more about burglary charges in Florida by visiting our article library.
Contacting a Miami Criminal Defense Attorney
You are entitled to know all your legal rights before being prosecuted for any suspected criminal activity – including your right to legal representation. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the South Florida criminal defense team at Falk & Ross to discuss your case – 877-663-5110.