Burglary With Battery

man robs driving woman

Burglary may seem like a straightforward crime like we see on television, depicting a criminal dressed in black sneaking in a window to grab some jewelry and run. The reality is that many people often fail to realize the full scope of a burglary. The types of charges one faces in Florida courts depends greatly on the location and manner in which the offense was committed. 

Burglary is considered a violent theft crime in Florida. Some of the most common types of burglaries include:

  • Burglary of a dwelling 
  • Burglary of a structure 
  • Burglary of a conveyance 
  • Armed burglary 
  • Burglary with assault 
  • Burglary with battery

All have specified classifying factors and mandatory minimum penalties. Burglary with battery, in particular, is a crime that carries one of the most severe penalties due to its violent nature. For example, if you hit someone on the street you can get charged with battery and face misdemeanor charges. If you hit that same person while they’re in their car, you can face felony charges and life in prison. If you are facing these charges, it’s essential that you acquire legal representation early on.

The Orlando burglary lawyers at The Umansky Law Firm are seasoned criminal law attorneys who have experience as prosecutors on the state and local level. With more than 100 years of combined experience, we understand what it takes to formulate a formidable defense to criminal charges. Reach out to us soon after your arrest so that we can give your case the legal attention it deserves.

What is Burglary With Battery?

Florida Statute §784.03(1)(2) defines a battery as “… when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.” When this occurs while an individual unlawfully enters a property with the intent to commit a felony, one may face charges for burglary with battery.

It’s vital to note that contact is required for an act to be considered as battery, but awareness is not required. This means that one must have had touched the individual or touched an object that was “intimately connected” to the individual. If there is no contact, but there is the threat of contact, the instance is considered an assault. Regardless of whether the individual was aware they were committing a battery at the time, they may still face battery charges.

Actions that may upgrade a charge from simple burglary to burglary with battery include:

  • Pushing someone out of the way 
  • Slapping the phone out of someone’s hand 
  • Grabbing 
  • Punching 
  • Spitting 
  • Slapping

… and any other forcible contact with someone at the site of the burglary.

Common places for these actions to occur include a car, house or any place where you do not have consent to be.

Penalties for Burglary With Battery

Burglary independent of any other charges is a felony in either the first, second, or third degree; however, burglary with battery is a first-degree felony. The penalties for burglary with battery in Florida are potentially a sentence of life in prison and up to $10,000 in fines. 

Depending on your criminal history and conduct during court proceedings, the prosecution may push for you to get punished to the full extent of the law. This opens you up to possible unfair sentencing, maximum punishments allowed, and loss of basic civil rights like that of voting. It’s critical that you acquire a seasoned attorney to represent your case as soon as you’re under investigation.

Orlando Burglary with Battery Charges Defense Lawyers

The severe penalties that come with convictions of burglary complicated by battery can have a devastating effect on your life for the long-term. Besides heavy court fines and costs, as well as lengthy imprisonment, you face an uncertain future financially because of lost job opportunities because of a felony on your record.  

The Umansky Law Firm understands the importance of lessening or reducing charges as much as possible to win the best outcome for your situation. Our recognition as part of Florida Trend’s Super Lawyers, means you can trust we aggressively protect our clients and work our hardest to ensure their future. Everyone deserves a second chance. Get yours when you acquire the legal services of our tried and true team of experienced lawyers. Contact us today online or at 407-228-3838 for a free case evaluation.