![]() ![]() Second-degree felony burglary is committed when an offender enters an occupied structure or conveyance, or a dwelling that is either occupied or unoccupied. A conviction will result in fines of up to $10,000 and a maximum of 30 years in prison. The criminal penalties a defendant may face if found guilty of burglary depend on the type of burglary he/she was charged with.įirst-degree felony burglary is committed when an offender assaults or batters another person in the commission of the crime, is armed with a dangerous weapon or explosion, or enters the dwelling/structure and causes damage to the building in an amount higher than $1,000, or uses a car or other motor vehicle to assist in the crime. Criminal Penalties for Burglary in Orlando & Central Florida Ultimately, the defense strategy your attorney develops will depend on the specifics of your individual case. Lack of intent on the defendant's behalf to commit a crime.At the time of the alleged offense, the dwelling/structure/conveyance was open to the public.Owner's consent to the entering of the defendant onto the property.It must also be proven that the defendant did not have authorization to enter the premises, or that he/she had permission initially, but remained inside of the dwelling/structure after the invitation had been revoked.Ĭommon defenses often effective in defending those charged with burglary include: For instance, the prosecutor must show beyond a reasonable doubt that the defendant entered the dwelling, structure, or conveyance with the specific intent to commit a crime. In order for a defendant to be convicted of burglary, the state must prove specific elements of the crime. ![]() Defenses to Charges of Burglary in Florida ![]() Burglary may also occur when a person enters a dwelling, structure, or conveyance lawfully, but remains inside with the intent to commit a crime, the intent to commit a forcible felony, after permission has been withdrawn, remains with the intent of committing a crime inside. A conveyance is any ship, trailer, vessel, motor vehicle, railroad car, sleeping car, or aircraft.īurglary occurs when an individual unlawfully enters a dwelling, structure, or conveyance for the purpose of committing a crime inside. This includes a mobile building such as a mobile home, a building with an attached porch, or permanent/temporary building or conveyance. A dwelling is a building or conveyance (railroad car, motor vehicle, trailer, aircraft, etc.) of any kind which has a roof and whose purpose is to provide cover for occupation at night/lodging. What are the differences between the three types of burglary in Florida?Īll are defined under Florida Statute §810.011 as follows:Ī structure is a building of any kind with a roof, whether permanent or temporary. We are committed to securing positive results for our clients, and urge you to contact us now even if you are only under investigation. At Adams & Luka, our Orlando burglary defense lawyers know that a conviction for any of the three types of burglary can leave an individual facing serious consequences not only in terms of jail/prison time and other penalties, but reputation and career as well. ![]() You might assume that a theft crime, breaking or entering, or robbery are associated with burglary, however under Florida Statutes all have different penalties and definitions. In Florida, there are three types of burglary a person may be arrested for, including burglary of a dwelling, burglary of a structure, and burglary of a conveyance. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |