Burglary Defense


Timothy Nies


Christian Van Riper

We Work for You….”

Van Riper and Nies merges tenacious litigation, skill and personal attention in representing clients charged with state or federal crimes.

Our attorneys are experienced trial attorneys. Attorney Christian Van Riper is a former Florida prosecuting attorney, who has handled countless crimes involving theft or burglary. Tim Nies is a former insurance defense senior casualty trial attorney and U.S. Army Ranger veteran.

If you've been arrested for burglary, there is a strong possibility you may face jail time if convicted by a jury. In Florida, a burglary is committed when someone  enters a dwelling (home, apartment, etc.), structure or conveyance (such as a car) with the intent to commit a crime.  Committing a burglary while carrying a firearm, is even more serious and can result in long prison sentences.

An experienced and aggressive criminal defense lawyer, by evaluating the evidence and interviewing or deposing witnesses, may be able to convince the prosecutor to reduce the charge to a lesser charge, such as trespass.  Our attorneys are experienced in trying burglary crimes in Florida and are dedicated to defending you in court. We are known for leaving no stone unturned as we fight for our clients' rights and freedom.

Consultations with our defense attorneys are always free and we offer payment plans.

For more information about our criminal defense practice, please call us at 772-283-8712, 954-369-0776 or 561-962-3130, complete the contact form below, or e-mail Christian Van Riper at christian@vanriperandnies.com. Our attorneys answer our phones day and night.

Stuart: 900 SE Ocean Boulevard, Building E, Suite 140, Stuart, FL 34994.

West Palm Beach: 801 Northpoint Parkway, West Palm Beach, FL 33407.


Deerfield Beach: 10 Fairway Drive, Deerfield Beach, FL 33441.

 

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Criminal defense attorney Christian Van Riper is a former Prosecutor who is experienced in handling burglary and other theft claims, such as Grand Theft. Our Fla criminal lawyers represent Vero Beach, FL residents who have been arrested, as as well as residents of Martin County and St. Lucie County who have been arrested for burglary of a home. Criminal defense attorneys in West Palm Beach, FL. Stuart criminal defense law firm. Palm Beach Criminal Defense Lawyers. Crime lawyers in Stuart, Florida handling all theft cases, including burglary. Burglary crime defense lawyers. Criminal lawyers in Stuart, FL.

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criminal lawyer in Stuart, FL handles all theft offenses, including grand theft, shoplifting and fraud offenses.
If you have been arrested for burglary or theft and lived in Stuart, Boynton Beach, FL, Jupiter, Palm City, Jensen Beach, West Palm Beach, Fort Pierce, Ft. Pierece, St. Lucie, Hobe Sound, Sebastian, Vero Beach, or anywhere else in Martin, Palm Beach, Okeechobee, Indian River or Saint Lucie County, call our criminal law firm's lawyers for a free consultation. Litigation of burglary crime in Palm Beach County, FL.  St. Lucie DUI. Burglary Defense lawyers in Florida. Crime defense lawyers in Stuart Florida offer financing and payment plans.Criminal defense lawyers experienced in defending clients charged with burlgary in Florida.

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Florida Law on Burglary:

810.02

Burglary.

(1)(a)

For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b)

For offenses committed after July 1, 2001, “burglary” means:

1.

Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2.

Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.

Surreptitiously, with the intent to commit an offense therein;

b.

After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.

To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2)

Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a)

Makes an assault or battery upon any person; or

(b)

Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c)

Enters an occupied or unoccupied dwelling or structure, and:

1.

Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2.

Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3)

Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a)

Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b)

Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(c)

Structure, and there is another person in the structure at the time the offender enters or remains;

(d)

Conveyance, and there is another person in the conveyance at the time the offender enters or remains; or

(e)

Authorized emergency vehicle, as defined in s. 316.003.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(4)

Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a)

Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b)

Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

Longshore: Florida Longshore Lawyers.