Protecting Your Rights and Your Future Against a Serious Felony Charge
As a Florida criminal defense lawyer, I have seen how a possession of burglary tools charge can turn someone’s life upside down. Many people do not realize how broad this law is or how aggressively prosecutors use it. A simple item in your car, like a screwdriver, crowbar, or even a pair of pliers, can be twisted into evidence that you were preparing to commit a burglary. The reality is that police often overcharge these cases, and innocent people can face years in prison because of assumptions. My job is to make sure that does not happen to you.
The Florida Burglary Tools Statute
Florida law defines the crime of possessing burglary tools under Florida Statute Section 810.06, which states:
“Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.”
This is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine under Florida Statutes §775.082, §775.083, and §775.084.
The statute is vague on purpose. It allows prosecutors to argue that almost any common household or work-related tool could be used as a “burglary tool” if the circumstances suggest intent to commit burglary. That means law enforcement does not need to find stolen property, broken locks, or even an attempted break-in. Simply possessing a tool and being in the wrong place at the wrong time can lead to charges.
What Prosecutors Must Prove
To convict you, the State must prove three things beyond a reasonable doubt:
- You had a tool, machine, or implement in your possession.
- You intended to use the tool, or allow it to be used, to commit burglary or trespass.
- You took an overt act toward the commission of a burglary or trespass.
The key issue here is intent. Owning or carrying tools is not illegal by itself. The prosecution must connect the tool to a supposed plan to break into property. That is where a skilled defense attorney can challenge the case.
Why Intent Is the Battle Ground
Intent is almost always the weakest part of the State’s case. For example, if you are a mechanic who keeps wrenches and pliers in your car, that is perfectly normal. If you are a construction worker with crowbars and drills, the same applies. Prosecutors often rely on circumstantial evidence, such as being near a business late at night, to try to prove intent. But assumptions and suspicion are not enough under the law.
As your defense attorney, I focus on showing that the tools had a legitimate purpose, that there was no real attempt to break into property, and that the police acted on nothing more than a hunch.
Real Case Example
I once represented a man in Tampa who was arrested after police found a pry bar and flashlight in his truck outside a shopping center at night. He had been waiting for a friend, but officers assumed he was planning a break-in. He was charged under §810.06 with possession of burglary tools.
We fought the case by showing he used those tools daily for his job in home repairs, and there was no evidence of forced entry or stolen property. I also highlighted inconsistencies in the officers’ reports. After a contested hearing and motions challenging the sufficiency of the evidence, the prosecutor dismissed the charges.
That case showed how easily a person can be accused, and why it is critical to have a private defense lawyer who will dig into the facts and hold the State accountable.
Defenses to Possession of Burglary Tools
Several strong defenses can apply depending on the facts of the case:
- No intent: Simply having tools is not a crime. If you possessed them for work, home repair, or another lawful reason, that defeats the State’s case.
- Lack of overt act: The State must show more than mere possession. If you did nothing to attempt a burglary or trespass, the charge cannot stand.
- Unlawful stop or search: If the police lacked probable cause to stop your vehicle or search you, evidence can be suppressed.
- Insufficient evidence: Vague allegations or assumptions are not proof beyond a reasonable doubt.
- Mistaken identity: Police sometimes accuse the wrong person or rely on unreliable witnesses.
Each defense requires careful review of the arrest reports, witness statements, and evidence. A private attorney has the time and focus to craft a defense strategy tailored to your case, which is something you will not get from overworked public defenders.
Other Related Florida Statutes
These charges often come with additional accusations:
- Burglary (§810.02) – entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense inside.
- Trespass (§810.08 and §810.09) – unlawfully entering or remaining on property without permission.
- Possession of burglary tools with burglary attempt – prosecutors often “stack” charges to increase pressure.
Understanding how these statutes connect allows me to anticipate the prosecution’s strategy and push for dismissal or reduction.
Why You Need a Private Attorney
Possession of burglary tools is not a minor charge. A felony conviction means:
- Losing your civil rights, including the right to vote and own firearms.
- A permanent criminal record that will affect employment, housing, and licensing.
- Potential prison time and probation terms.
Prosecutors know these stakes and often use them to push people into plea deals. Without an attorney fighting for you, you may accept terms that could have been avoided. My role is to protect your record, your rights, and your future. I negotiate aggressively for charge reductions, diversion programs, or outright dismissal whenever possible.
Fighting for Reduced Charges or Penalties
Even if the evidence seems strong, a private defense attorney can often achieve outcomes far better than what the State offers at first. I have secured:
- Reduction to trespass charges, which carry lighter penalties.
- Pre-trial diversion agreements allow charges to be dismissed after completing conditions.
- Withholding of adjudication, preventing a formal conviction.
- Shorter probation terms and avoidance of incarceration.
Every case is different, but the earlier I get involved, the more opportunities exist to fight for a better resolution.
Trial Defense
If negotiations do not bring a fair result, I am fully prepared to take your case to trial. At trial, I cross-examine officers, challenge assumptions, and remind the jury that doubt about intent means a not guilty verdict. Prosecutors know which lawyers are willing to try cases, and that alone can improve your position in plea discussions.
Florida Possession of Burglary Tools FAQs
What exactly counts as a burglary tool in Florida?
Almost any object can be considered a burglary tool if the State claims it was intended for use in a break-in. This includes crowbars, screwdrivers, hammers, flashlights, or even gloves and masks. The tool itself is not illegal, but the prosecution must prove intent to use it unlawfully.
Can I be charged even if I never broke into anything?
Yes. The statute requires only possession plus intent and an overt act toward burglary or trespass. You do not have to complete the burglary. For example, standing near a locked door with a pry bar could be argued as an overt act. That is why these charges are so dangerous and why intent must be challenged.
What penalties could I face?
Possession of burglary tools is a third-degree felony. You face up to 5 years in prison, 5 years of probation, and a $5,000 fine. Additional consequences include a permanent felony record, loss of civil rights, and major obstacles in employment.
How can a lawyer help me beat this charge?
A lawyer can examine whether the stop or search was legal, argue that the tools had a lawful purpose, and highlight the lack of any real attempt to commit burglary. A private attorney can also negotiate with prosecutors for a lesser charge or diversion program, which can protect your record.
What if I had tools because of my job?
If your work involves tools, such as construction, auto repair, or maintenance, that fact supports a defense that the tools were possessed for a lawful purpose. Prosecutors must prove beyond a reasonable doubt that you intended to use them for burglary, which is a heavy burden.
Can these charges be dismissed?
Yes, many cases are dismissed when the State cannot prove intent. Strong legal motions can exclude unlawfully obtained evidence or show that the State lacks sufficient proof. An experienced defense attorney knows how to build pressure for dismissal.
What if the police found the tools in my car?
Police often charge people after finding tools during a traffic stop. But having tools in your vehicle is not illegal by itself. The prosecution must show you were using or planning to use them for burglary. If they cannot connect the tools to unlawful intent, the charge is weak.
Should I talk to the police if they ask me about the tools?
No. You should never make statements about why you had certain items without a lawyer present. Police may twist your words or use them as evidence. The best step is to remain silent and request an attorney immediately.
What happens if I already have a criminal record?
If you have prior felonies, the State may seek enhanced sentencing. That makes it even more important to fight the charge aggressively. An attorney can sometimes prevent a new conviction or negotiate a resolution that avoids prison time.
How soon should I hire a defense lawyer?
Immediately. Early intervention can lead to reduced charges or even prevent the State from filing formal charges. The faster I can start investigating, preserving evidence, and negotiating with prosecutors, the stronger your defense will be.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing charges for possession of burglary tools anywhere in Florida, do not wait to protect your future. A felony charge is serious, but with the right defense, it can be beaten.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the State of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.