Charged With Burglary? We Will Defend You Against Prosecutors. We Are Not Former Prosecutors, We Have Always Defended Floridians! Call Us (407) 408-0494

 

Burglary, Burglary of a Dwelling, Burglary of a Structure, Burglary of a Conveyance (Car, Truck, RV, Boat)

Under Florida Statutes § 810.02 Burglary is defined in Florida as the 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.

All burglary charges have some elements in common: (1) entering into a dwelling, structure, or conveyance (i.e. car, train, boat, RV, etc), (2) when the entry is without permission, and (3) with the intent to “commit an offense therein.”  Burglary can be charged when there is a “legal” entry like walking into a store, but the person remains in the store either (1) secretly with the intent to commit an offense therein (hiding in a fitting room and waiting for retail store to close) or if (2) permission is limited to one particular area or withdrawn altogether (Gruver v. State, 816 So. 2d. 835 (Fla. 5th DCA 2002).

**Possession of Burglary Tools is also Third Degree Felony in Florida under Florida Statutes § 810.06 and a Level 4 severity offense under the Florida Criminal Punishment Code scoring 22 points as a primary offense.

Burglary of a Dwelling (occupied or unoccupied):

A dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people at night as lodging.

Under Florida Statutes § 810.02(3)(a) in Florida Burglary of a Dwelling is classified as a Second Degree Felony and is a Level 7 severity offense under the Florida Criminal Punishment Code scoring 56 points as a primary offense (automatic prison sentence).

If you are adjudicated guilty of Burglary of a Dwelling in Florida, you could be sentenced to any of the following:

  • A maximum penalty of up to fifteen (15) years in prison;
  • A maximum penalty of up to fifteen (15) years supervised probation/community control; or
  • A maximum penalty of up to a $10,000 fine

Burglary of a Structure or Conveyance:

A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage. Penalties vary depending on whether the structure was occupied or unoccupied at the time of the offense.

Under Florida Statutes § 810.02(3)(c) in Florida Burglary of an OCCUPIED Structure is classified as a Second Degree Felony and is a Level 6 severity offense under the Florida Criminal Punishment Code scoring 36 points as a primary offense.

If you are adjudicated guilty of Burglary of an OCCUPIED structure in Florida, you could be sentenced to any of the following:

  • A maximum penalty of up to fifteen (15) years in prison;
  • A maximum penalty of up to fifteen (15) years supervised probation/community control; or
  • A maximum penalty of up to a $10,000 fine

Under Florida Statutes § 810.02(4)(a) In Florida Burglary of an UNoccupied Structure or Conveyance is classified as a Third Degree Felony and is a Level 4 severity offense under the Florida Criminal Punishment Code scoring 22 points as a primary offense.

If you are adjudicated guilty of Burglary of an UNoccupied Structure in Florida, you could be sentenced to any of the following:

  • A maximum penalty of up to five (5) years in prison;
  • A maximum penalty of up to five (5) years supervised probation/community control; or
  • A maximum penalty of up to a $5,000 fine

Burglary of a Conveyance (Car, Truck, RV, Boat):

Florida Statutes 810.011(3) defines a conveyance as “any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car” noting that “to enter a conveyance includes taking apart any portion of the conveyance”.  Florida Statutes 810.011(3).

In Florida Burglary of a Conveyance is classified as a Third Degree Felony and is a Level 4 severity offense under the Florida Criminal Punishment Code scoring 22 points as a primary offense.

If you are adjudicated guilty of Burglary of a Conveyance in Florida, you could be sentenced to any of the following:

  • A maximum penalty of up to five (5) years in prison;
  • A maximum penalty of up to five (5) years supervised probation/community control; or
  • A maximum penalty of up to a $5,000 fine

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Copyright © 2013 The Modarres Law Firm – Orlando Florida Defense Lawyers – Central Florida Criminal Defense Attorneys – All rights reserved. Orlando Criminal Lawyer Disclaimer: The civil rights, criminal, criminal defense or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Our criminal defense law firm serves the following communities, among others: Orlando, Pine Hills, Apopka, East Orlando, West Orlando, Conway, Bay Hill, Doctor Phillips, Belle Isle, Pine Castle, Oviedo, Ocoee, Winter Park, Winter Springs, Maitland, Eatonville, Winter Garden, Southeast Orlando, Southwest Orlando, Casselberry, Altamonte Springs, Maitland, Apopka, Sanford, Seminole County, Orange County, Heathrow, Lake Mary, Longwood, Midway, UCF, University Park, Thornton Park, Baldwin Park, Colonial Drive, Orange Avenue, Robinson Street, S Orange Avenue, Downtown Orlando, Alafaya Trail, University Blvd, Curry Ford, Lake Underhill, Goldenrod Road, Dean Road, Chickasaw Trail, Pershing, Semoran Blvd, Lake Margaret, Conway.

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