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Will they dismiss the case and if not how much time is he looking to serve if he doesn't win?

Bartow, FL |

A person I know is being charged with unoccupied burglary, grand theft ( more than $300 less than $5000) and domestic violence. For a stolen lawn mower but he didn't do it and the only evidence they have is a guy on film that "looks" him. The face of the man isn't seen on the tape. And they have this person being charged on film just driving by the house and that's it.

Attorney Answers 3


  1. Is it burglary of a conveyance, a structure, or a dwelling? Also, is the battery from the same in ident as the burglary? More needs to be none to give an assessment.


  2. If he is convicted he sentence will be determined in light of the charges he is found guilty of committing. Once you have that then you must calculate in his prior history. This will give you a range time that he would be facing as a possible sentence. Burglary of a dwelling is a 2nd degree felony and that carries a max sentence of 15 years. Grand theft 3rd degree is punishable by up to five years in prison.


  3. Unoccupied burglary of a conveyance is a 3rd degree felony, as is the grand theft. Both are punishable by 5 years in state prison. If the burglary is of a dwelling then it may be a 2nd degree felony (punishable by 15 years) and I don't know what the domestic violence charge you refer to is (it could be a misdemeanor, punishable by 364 days or another felony - in either case you can tack that on and add it to the other charges for the full amount of time that the person is facing).

    As for the quality or competence of the evidence against her/him, apparently it was good enough for an arrest and a prosecution; whether or not a defense attorney will be able to dissect or discredit it can only be answered after viewing and considering it in light of the facts and circumstances surrounding both the case and the Defendant.

    You will have to consult with a Bartow area criminal defense attorney in person to get the answers that you seek.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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