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Possession of Burglary tools

In order to be charged with burglary an individual does not actually have to perform the action of stealing property. It only has to be proven beyond a reasonable doubt that the accused had the intention of stealing. Having possession of burglary tools may be just the evidence that a prosecutor needs to find the defendant guilty.

  • What are tools considered to assist someone in a burglary?
  • What are possible punishments for possession of burglary tools?
  • What is considered a burglary?

In Miami, Florida burglary charges are very serious and can ultimately result in an individual spending time in jail, having to pay hefty fines, and having a permanent criminal record. In order to fight the serious charges of burglary a criminal defense attorney is going to be needed. In Miami, Florida burglary is classified as a second degree felony if an individual enters the dwelling, structure, or conveyance.

Under Fla. Stat 810.06 an individual who has possession of any tool, machine or implement with the intent to commit a burglary can be charged with possession of burglary tools.

A common question asked is, “is it illegal to possess certain tools in Florida?” In Miami, Florida there is a crime that is known as possession of burglary tools. If convicted of possession of burglary tools it is a third degree felony that is punishable with up to 5 years in prison. Examples of what is considered to be tools used for burglary are as followed:

  • Lock picks
  • Crow bar
  • Hammer
  • Master keys
  • Explosives

There is a misconception in Miami, Florida that in order for someone to be charged with burglary something either needs to be broken into or taken from a dwelling. This is not the case. An individual can be charged with the crime of burglary simply for touching the outside of a building with the intent to trespass and intentions to eventually go inside the building and commit a burglary. With that said, it is important for someone being charged with possession of burglary tools to quickly gain the services of a criminal defense team so that a strong defense strategy can be put into play and give the accused the best chance at avoiding any serious charges.

In order to convict a defendant with the charges of possession of burglary tools the prosecution must prove beyond a reasonable doubt the following:

  • The defendant had tools in their possession that he or she intended to use in a burglary
  • The defendant had intention to commit a burglary
  • The defendant took some sort of action to commit a burglary (An individual does not actually have to steal in order to charged with burglary)

In Miami, Florida possession of burglary tools is considered to be a third degree felony. If an individual is found guilty of the third degree felony of possession of burglary tools they can be punished with one or all of the following:

  • 5 years in prison
  • 5 years of probation
  • $5,000 in fines

A quality attorney who has experience in defending clients charged with burglary will be able to develop a defense that will be able to give their client a good chance of getting their charges reduced or even dropped all together. Do not make the mistake of going to court without an attorney who knows the law inside and out.

Yale Galanter

Legal Disclaimer

The Galanter Law website should not be considered as actual legal advice, or legal recommendations. This website is designed for general information only. The information presented at this site should not be construed to be formal, legal advice or the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision that should not be based solely upon advertisements, or online literature. Before you decide on a criminal defense attorney, ask Galanter Law to send you free written information about our qualifications and experience.