My husband was recently arrested for Burglary of an Unoccupied Conveyance 810.02(4)(b). What might his punishment be?

If that is hos only offense and he has no priors then he will not score mandatory prison time, although he will face the statutory maximum of 5 years in State prison. Criminal cases are not black and white though. There are all sorts of issues in even the "simplest" of cases. Challenges can be brought on a variety of fronts, including substantive, procedural, legal and factual. Questions as to whether or not the requisite intent existed, or whether the Defendant was even able to form the requisite intent, are but two examples, and there are many more. It seems as though your husband has some mitigating issues which could play well into forming a defense strategy, but, with a lack of priors and the right facts he may also be eligible for a diversionary program - which would result in a dismissal and obviate the need to ever challenge the case in the first place. The best thing that you can do is to sit down with a J-Ville criminal defense attorney and let him/her dissect the police reports, interview you and your husband, advise you as to the realistic options available and make a judgment call as to the best litigation objective for you in your particular situation. While (and similar sites) are wonderful sources of generic information there is no substitute for an in person face-to-face consultation with a criminal defense practicioner. It is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line. Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab). Either way best of luck!

The charge is a third degree felony, punishable by up to five years in state prison. However, it would not in itself score for prison if he indeed has no prior history. That means it is unlikely that anything over a year is in the future. Having said that, I would like to address the factors you list (mental health issues and substance abuse) and consider to mitigate the offense. While i agree that emotional and mental health issues, as well as substance abuse issues in general, can be mitigating, it takes a dedicated and thorough presentation, first to the state attorney, and possibly later to a judge, for that information to have a truly mitigating effect. What is very important to is to show how he is making strides to address these issues between now and the time he enters a plea. Having no prior history at age 25, and a supportive family, are all good signs. Making the prosecution and/or judge also feel this way is something a skillful attorney can maximize for you and him. Mitigation aside, he may have other, valid defenses to the charge and they need to be investigated as well. Sometimes it is a combination of both of these factors that can yield the best result. I suggest you consult with some local criminal defense attorneys and consider hiring private counsel. Public Defenders may do an adequate job, but they are burdened with cases and many do not have much experience maximizing mitigating factors when it is most needed. You'll also need to be adequately advised as to the potential benefits and pitfalls of any offers made by the state to settle the case, such a term of probation and drug testing. Sometimes, such an outcome is worse in the long run for someone new to sobriety and also dealing with mental issues. For all these reasons, dedicated private counsel may be a better choice in this case. Good luck.

Your husband is facing a serious charge. As the others have already mentioned, your husband's maximum risk exposure is five years in prison. I offer free consultations 24/7 and would be happy to speak with you about your husband's case. Feel free to reach out at your convenience. Sincerely, Andrew M. Bonderud, Esq. The Bonderud Law Firm, P.A. Office: 904-438-8082

As the other attorney's have mentioned, burglary to a conveyance (an example might be breaking into an automobile) is a third degree felony in Florida. The maximum penalty is 5 years in state prison. However, since your husband has, according to your report, no prior record of arrests or convictions, he may be eligible for a first-time offender program. He should not go to court without a competent attorney at his side. If he is eligible for such a program and complies with the terms of it, the charges could very well end up being dismissed at the end of the day. Consider hiring someone who has experience practicing in your community. It might be a good idea to hire someone who previously worked as an assistant public defender or as an assistant state attorney in your area. These lawyers will most likely be able to get your husband the best possible outcome in his case. Good luck.

burglary of a conveyance is a third degree felony. With no prior record, he will qualify for pre trial intervention. He could also get the charge reduced depending upon the circumstances.