Possession of Burglary Tools

In Florida, the possession of burglary tools is a criminal offense that involves having tools or devices intended for use in committing a burglary or trespass. This crime is governed by Florida Statutes § 810.06. To be convicted of this offense, the Duval State Attorney in Jacksonville must prove that the defendant had both the tools and the intent to use them in a burglary or trespass.

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Definition of Possession of Burglary Tools:

Under Florida law, possession of burglary tools occurs when a person:

1. Has in their possession any tool, machine, or implement with the intent to use it, or allow it to be used, to commit burglary or trespass.

2. Intends to commit a burglary or trespass with the tools in their possession.

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Common Burglary Tools:

Burglary tools can include a wide range of items, such as:

- Crowbars

- Lockpicks

- Screwdrivers

- Bolt cutters

- Hammers

- Masks or gloves (if intended to facilitate a burglary)

- Any other device or implement that can be used to break into a building, vehicle, or other structure

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It's important to note that everyday items, like screwdrivers or pliers, can be classified as burglary tools if they are possessed with the intent to commit a crime.

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Elements of the Crime:

To convict someone of possession of burglary tools, the prosecution must prove three key elements beyond a reasonable doubt:

1. Possession: The defendant must have had actual or constructive possession of a tool, machine, or implement.

2. Intent: The defendant must have intended to use the tool to commit a burglary or trespass.

3. Overt Act: There must be some evidence of an overt act toward the commission of the burglary or trespass, such as being caught near a potential target location or attempting to use the tools.

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Penalties for Possession of Burglary Tools:

In Florida, possession of burglary tools is classified as a third-degree felony. The penalties for this offense can include:

- Prison Time: Up to 5 years in prison
- Probation: Up to 5 years of probation
- Fines: Up to $5,00

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In addition to these penalties, a conviction for possession of burglary tools can result in a permanent criminal record, which can affect future employment opportunities, housing, and other aspects of life.

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Defenses to Possession of Burglary Tools:

Several defenses may be available to someone charged with possession of burglary tools in Florida, depending on the circumstances of the case:

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1. Lack of Intent: The defendant may argue that they did not intend to use the tools for burglary or trespass. For example, if the tools were possessed for legitimate purposes, such as for work or home repairs, this could be a defense.

2. No Overt Act: If there is no evidence of an overt act toward committing a burglary or trespass, the charges may be challenged.

3. Lack of Knowledge: The defendant may argue that they were unaware of the presence of the tools or that they did not know the tools would be used for criminal purposes.

4. Mistaken Identity: In some cases, the defendant may argue that they were wrongly identified as the person in possession of the burglary tools.

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Importance of Legal Representation:

Possession of burglary tools is a serious felony charge in Florida, and a conviction can result in significant penalties and a permanent criminal record. It is essential for anyone facing this charge to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, explore potential defenses, and work to reduce or dismiss the charges.

In summary, possession of burglary tools in Florida involves having tools with the intent to use them for burglary or trespass. It is classified as a third-degree felony, with penalties including up to 5 years in prison, probation, and fines. We can help defend against these charges and protect your rights.