Burglary in Florida
Burglary is a serious crime that exposes a person to a maximum of 15 years prison. Contact Gainesville Burglary Defense Attorney and Former Prosecutor Kevin Robertson for help with your Burglary case. If you are charged with Burglary do not wait for it to just go away. You need an experienced attorney to investigate the case, scrutinize the evidence and advocate on your behalf. Call (352) 275 – 7491.
Burglary in Florida can either be charged as burglary of a dwelling, burglary of a structure or burglary of a conveyance.
- A dwelling is defined in the Florida Statutes § 810.011 as a building or conveyance of any kind, including any attached porch, permanent or temporary building or conveyance, or mobile building or conveyance that has a roof and is designed to be occupied at night for lodging purposes.
- A structure under Fla. Stat. § 810.011 is defined as a building of any kind, including temporary or permanent buildings that have a roof.
- A conveyance is defined in Fla. Stat. § 810.011 as any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car.
Burglary offenses are often associated with robbery, theft or breaking and entering, but all have different definitions and penalties under the Florida Statutes.
Gainesville, Florida Burglary Defense Attorney
If you have been charged with a burglary offense in Gainesville, Florida, contact Kevin Robertson today. Mr. Robertson will fight the allegations against you and work to help you avoid the most serious penalties for your alleged offense. Call (352) 275-7491 today and get started on your case.
Florida’s Burglary Laws and Statutes
Burglary – Fla.Stat. § 810.02: An individual can be charged with this offense if they:
- Unlawfully enter a dwelling, structure or conveyance with the intent to commit an offense inside the building, unless the building was open to the public or the alleged offender was invited to enter; or
- Remain in a dwelling, structure or conveyance after they were permitted to enter; and
- Remain in the building secretly with the intent to commit an offense in the building;
- Remain in the building after permission to be in the building has been withdrawn with the intent to commit an offense in the building; or
- Commit or attempt to commit a any felony involving the use or threat of physical force or violence against an individual.
- Possession of Burglary Tools – Fla. Stat. § 810.06: An individual can be charged with this offense if they have any tool, machine or anything else in their possession with the intent to use the item to commit any burglary or trespass.
Burglary Penalties in Gainesville
- A felony of the third degree is punishable by a fine not more than $5,000 and/or up to five years in prison. Burglary is punishable as a felony of the third degree if the alleged offender:
- Does not make an assault or battery during the burglary;
Is not armed with a dangerous weapon or explosive during the burglary; and
- The alleged offender entered an unoccupied structure or conveyance.
A felony of the second degree is punishable by up to 15 years in prison and/or a fine up to $10,000. Burglary is punishable as a felony of the second degree if the alleged offender:
- Does not make an assault or battery during the offense;
- Is not armed with a dangerous weapon or explosive during the burglary; and
- Enters an occupied structure, conveyance, or an unoccupied or occupied dwelling.
A felony of the first degree burglary can result in a prison sentence up to 30 years and/or fines up to $10,000.
Burglary is punishable as a felony of the first degree if the alleged offender:
- Commits an assault or battery against a person during the burglary,
Is armed or becomes armed during the burglary with explosives or a dangerous weapon; or
- Enters the structure and either uses a motor vehicle to assist in committing the burglary (besides use as a getaway car); or
- causes damage to the structure in an amount more than $1,000.
Possession of Burglary Tools in Florida
Possession of burglary tools is a felony of the third degree, which is punishable by a prison sentence up to five years and/or fines not exceeding $5,000.
If an offender is convicted of a burglary offense and considered a habitual felony offender, habitual violent felony offender, a three-time violent felony offender, or a violent career criminal, the burglary offense they are convicted of can result in an increased prison sentence.
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