The definition of burglary of a dwelling. Structure or conveyance is contained in Section 810.02, Florida Statutes. Under the law, a burglary can occur where:
Burglary is a felony offense and carries severe penalties that will typically include prison and probation. During a trial, a prosecutor must prove beyond a reasonable doubt that the defendant entered the premises with intent to commit a crime or engage in unlawful activity. A defendant can also receive jail time if they entered a premise without permission or authorization or if that permission or authorization expired.
A structure is a temporary or permanent building with a roof over it. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. The term ‘dwelling’ is defined as a “building of any kind, whether such building is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.” When a suspect enters or attempts to enter a dwelling, conveyance, or structure, a jury is entitled to infer the suspect’s actions were undertaken with criminal intent.
The penalties for crimes of burglary in Florida depend on the circumstances of the type of building or structure, how the offense is committed, and the use of a weapon are some of the most important factors in determining the available sentence.
Burglary is a first-degree felony, with penalties of up to life in prison, where the defendant:
Burglary is a second-degree felony, with penalties of up to 15 years in prison or 15 years of probation and a $10,000 fine, where the defendant does not commit an assault, does not carry a dangerous weapon, and he or she enters or remains in a:
Burglary is a third-degree felony, with penalties of up to 5 years in prison or 5 years of probation, and a $5,000 fine where the defendant enters or remains in a
There are many defenses available to you to contest a burglary charge. You must contact a qualified criminal defense attorney before entering a plea.
In Florida, burglary is a harshly prosecuted crime. If you have been accused of burglary, contact attorney Ronald Chapman to discuss your case and see how he might be able to help you. It is essential to have an experienced Criminal Defense Attorney by your side in court.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348
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