Possession of Burglary Tools in Florida
The crime of Possession of Burglary Tools is a Third Degree Felony.
Under Florida Statute 810.06, the crime of Possession of Burglary Tools is defined as the possession of tools or instruments intended to be used to gain access or entry into a building in the commission of a burglary.
Penalties for Possession of Burglary Tools
In Florida, the crime of Possession of Burglary Tools is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Possession of Burglary Tools is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Possession of Burglary Tools to probation, but may also impose a sentence up to the statutory maximum of five (5) years in prison.
Defenses to Possession of Burglary Tools
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Possession of Burglary Tools include:
Other Intended Use
The definition of burglary tools does not include tools intended for use in committing a crime inside a burglarized building or conveyance, such as a screwdriver to remove a hanging TV. [1]
What this means is that if you break into a car to steal it and are found to be in possession of a screwdriver, to convict you of Possession of Burglary Tools, the State must adduce testimony showing that you used, or actually intended to use, the screwdriver to enter the car; not that you intended to use the screwdriver to hot-wire the ignition.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Possession of Burglary Tools in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.