Burglary in Florida
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Burglary occurs when a person enters a dwelling or conveyance of another and at the time of entering the defendant had the intent to commit an offense in the dwelling.
What is a Dwelling, Structure or Conveyance?
“Dwelling” means a building of any kind. “Structure” means a building of any kind either temporary or permanent that has a roof and cartilage. “Conveyance” is any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
Inference of Criminal Intent
When a suspect enters or attempts to enter a dwelling, conveyance, or structure stealthily, a jury is entitled to infer that the suspect’s actions were undertaken with criminal intent.
Penalties for Burglary
Burglary is a first degree felony with penalties of up to life in prison if:
- The defendant commits an assault or battery upon any person; or
- Defendant is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
- Uses a motor vehicle as an instrumentality other than merely a getaway vehicle to assist in committing the offense damages the dwelling or structure; or
- Causes damage to the dwelling or structure or to property within the dwelling or structure in excess of $1,000.
Burglary is a second degree felony with penalties of up to fifteen (15) years in prison or fifteen (15) years of probation and a $10,000 fine if the defendant enters or remains in a:
- Dwelling and there is another person present at the time.
- Dwelling and there is not another person in the dwelling at the time the offender enters or remains;
- Structure, and there is another person present at the time.
- Conveyance, and there is another person in the conveyance at the time.
Burglary is a third degree felony with penalties of up to five (5) years in prison or five (5) years of probation, and a $5,000 fine if the defendant enters or remains in a:
- Structure and there is not another person in the structure at the time the offender enters; or
- Conveyance, and there is not another person in the conveyance at the time the offender enters.
Defenses to Burglary in Florida
There are many defenses available to challenge a charge of burglary in Florida. You should not accept or enter without first speaking with us.
Common defenses to burglary in Florida include consent to enter, consent to property, identification issues and mistaken identity, no criminal intent, implied invitation of public place, mistake of fact as to location, mistaken permission of owner, and mistaken ownership of property.
Early Negotiation is Critical in a Possession of Weapon Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before you are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We are Miami Dade, Broward and Palm Beach criminal defense lawyers.
Our Florida criminal lawyers represent clients charged with burglary in Broward County, Miami Dade County and Palm Beach County.
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We handle criminal law cases and burglary defense cases in Florida.
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