Burglary

Burglary, also known as breaking and entering, or housebreaking; according to Florida Statues 810.02 burglary means: 1. Entering a dwelling, structure, or conveyance owned by or in possession of another person and, at the time of entering had the intent to commit an offense in the dwelling, structure, or conveyance; or

2. Lawfully entering a dwelling, structure, or conveyance (with permission or consent) and remaining inside (a) surreptitiously and with the intent to commit an offense therein; or (b) after permission to remain inside had been withdrawn and with the intent to commit an offense therein; or (c) With the intent to commit or attempt to commit a forcible felony inside.

There are some important aspects to consider when we talk about burglary

1. wHAT IS CONSIDERED AS A ‘STRUCTURE’?

A Structure is a building of any kind either temporary or permanent which has a roof over it together with curtilage.

2. wHAT IS THE MEANING OF A DWELLING?

Dwelling means a building or conveyance whether temporary, permanent, mobile or immobile which has a roof over it and it is designed to be occupied by people lodging therein at night.

3. wHAT IS considered to be a conveyance?

Conveyance is a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance.

4. INTENT TO COMMIT A CRIME OR OFFENSE

This is a very important aspect if the State Attorney’s Office cannot demonstrate the intent to commit a crime or offense the only charge they can pursue is “trespassing” either way a jury may infer that the accused actions were undertaken with criminal intent, but the burden of proof rests on the prosecution.

burglary penalties

Burglary penalties vary according to the circumstances from a third-degree felony up to a first-degree felony penalty.

Burglary is a third degree felony if the accused enter or remains in a Structure, and there is not another person in the structure at the time the offender enters or remains; or Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

Burglary can be a second degree felony when the accused the defendant does not commit an assault, does not carry a dangerous weapon, and he or she enters or remains in a:

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

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

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

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

Burglary turns out to be a first degree felony where the accused: Commits an assault or battery upon any person;

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

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.

Only a Criminal Defense lawyer experienced in Burglary can successfully contest a burglary accusation, there are many options and defenses we have successfully used to help out client win their cases.