If Ace had been arrested, it is most likely Ace would only be charged with the crime of trespass. The crime of trespass is defined as when a person enters or remains on property of another without prior authorization, invitation, or license.
For a trespass to become a burglary, it must be shown that the individual trespassed with the intent to commit a crime during the course of that trespass. For example, if it could be proven that Ace intended to steal Snowflake (theft) while trespassing, he could be arrested and charged with burglary. Another example is if it could be proven that Ace intended or did damage the property of another (criminal mischief), he could also be arrested for the crime of burglary.
The vast majority of trespasses are misdemeanor offenses, but can be charged as third degree felonies under specific circumstances (i.e. while armed). Burglaries may range from 3rd degree felonies (5 years in jail) to those punishable by life. If only charged with misdemeanor trespass, Ace still faces up to a year in the county jail.
“Pagan & Stroleny, P.L., founded by Christopher Pagan and Julian Stroleny, is dedicated to serving those in need of a criminal defense lawyer in the Miami, Ft. Lauderdale, and Palm Beach areas. If you have been charged with crimes ranging from federal offenses, felony offenses, aggravated assault, aggravated battery, battery on law enforcement officer, burglary, child abuse, drug possession, cultivation, trafficking, sale, grand theft, homicide, kidnapping, probation violations, resisting officer with violence, robbery, sex crimes, DUI, DUI manslaughter, DUI property damage, DUI serious bodily injury, assault, battery, cannabis possession, marijuana, disorderly conduct, disorderly intoxication, domestic violence, drinking in public, petit theft, retail theft, prostitution, resisting officer without violence, trespass, driving with license suspended, leaving the scene of an accident, no valid driver’s license, racing, or reckless driving, give us a call at (305) 615-1285 or visit us online at www.pslaw.org.”