Have you been charged with Burglary?

BURGLARY

WHAT IS A BURGLARY?

One of the most common felony charges in the State of Florida is burglary, which has many forms. The basic premise of burglary is the entering of a home (dwelling), office (conveyance), or vehicle (structure) with the intent to commit another crime within without the true owners consent. If the intent to commit a crime within can not be established, the charge of misdemeanor trespass is usually filed.

WHAT ARE THE TYPES OF BURGLARY CHARGES?

Burglary of a Structure/Conveyance is a third degree felony punishable by up to five (5) years in Florida State Prison. A structure or conveyance is any enclosed structure such as an office, car, warehouse, school, etc.. In other words, for purposes of this offense it can be anything that is not considered a dwelling (where people reside).

Burglary of a Dwelling is a second degree felony punishable by up to Fifteen (15) years in Florida State Prison. Usually but not always this offense also has additional charges of Theft/Grand Theft as this is typically the “crime within” and Criminal Mischief as there is often some damage done to anothers property in the process of breaking in.

WHAT IF I ACTUALLY NEVER ENTERED THE HOME?

The offense of Burglary of a Dwelling can and usually will be charged even if a person never enters a persons actual home. Burglary of a Dwelling can also consist of jumping into an enclosed peace of property, called “curtilage” without the consent of the owner with the intent to commit a crime within (i.e.theft).

Burglary with an Assault/Battery/Armed Burglary are both felonies of the first degree punishable by up to thirty (30) years in Florida State Prison. The latter charge carries a minimum mandatory prison sentence of 10-20 years. If the “crime within” is an assault (threat of imminent harm) or a battery (un-conscented touching), a burglary with assault/battery can and often will be charged by the State Attorneys Office. A common occurrence is where a person is in someones home and a verbal argument ensues. If the alleged victim calls the police and advise them that the person came in without consent and pushed them, the person will most likely be arrested regardless of his side of the story and the State Attorneys Office can file this serious first degree felony subjecting you to 30 years in Florida State Prison.

FLORIDA BURGLARY STATUTES:
810.02 Burglary.–

(1)(a) For offenses committed on or before July 1, 2001, “burglary” means 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.

(b) For offenses committed after July 1, 2001, “burglary” means:

1.Entering 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

2.Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.Surreptitiously, with the intent to commit an offense therein;

b.After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2)Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a)Makes an assault or battery upon any person; or

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

(c)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.

(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

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

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

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

History.– RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84.

810.06 Possession of burglary tools.– Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.– s. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.

810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty.–

(1)As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)(b).

(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.– s. 1, ch. 2003-84.

810.07 Prima facie evidence of intent.–

(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.

History.– s. 5, ch. 4405, 1895; GS 3287; RGS 5121; CGL 7222; s. 1, ch. 70-29; s. 33, ch. 74-383; s. 44, ch. 87-243.