propecia usa

Winston Law PA
561-670-9375

Burglary

In Florida, burglary is defined as entering a building or property of another with the intent to commit a crime.  The severity of a burglary charge is dependent upon the circumstances of the burglary including; what type of property was entered, if there was a person inside the property at the time it was entered, whether violence occurred during the crime, whether a weapon was used, and if there was any damage to the property.  In Florida, burglary charges are extremely serious and punishable by jail time, a permanent criminal record, fines and the payment of restitution (for any damages or loss to the property burglarized).

Burglary of a Structure.  To prove the crime of burglary of a structure, the State must prove, beyond a reasonable doubt, that:

  • the defendant entered a structure owned by or in the possession of another;
  • at the time of entering the structure the defendant had the intent to commit a crime inside that structure.

Structure is defined as any building, either temporary or permanent, that has a roof over it and the enclosed space or outbuildings surrounding it.  Burglary of a structure is a third degree felony punishable by up to 5 years in prison.

Burglary of a Conveyance.  To prove the crime of burglary of a conveyance, the State must prove, beyond a reasonable doubt, that:

  • the defendant entered a conveyance owned by or in the possession of another;
  • at the time of entering the conveyance the defendant had the intent to commit a crime inside that conveyance.

Conveyance is defined as any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car.  Burglary of a conveyance is a third degree felony punishable by up to 5 years in prison.

Burglary of a Dwelling.  To prove the crime of burglary of a dwelling, the State must prove, beyond a reasonable doubt, that:

  • the defendant entered a dwelling owned by or in the possession of another;
  • at the time of entering the dwelling the defendant had the intent to commit a crime inside that dwelling.

Dwelling is defined as a building or conveyance of any kind, whether temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging at night.  The enclosed space of ground and outbuildings, an attached porch or attached garage is also considered a dwelling.  Burglary of a dwelling is a second degree felony punishable by up to 15 years in prison.  The severity of a burglary of a dwelling charge is often misunderstood by clients.  Our State Legislature highly values  safety within the home and therefore punishes harshly those found guilty of burglary of a dwelling.  Often, even for clients without a criminal history, the State will seek prison time for these crimes.

Burglary of an Occupied Dwelling.  To prove the crime of burglary of an occupied dwelling, the State must prove, beyond a reasonable doubt, that:

  • the defendant committed a burglary and,
  • during the commission of that burglary there was another human being in the dwelling at the time.

Burglary of an occupied dwelling is a first degree felony punishable by up to 30 years in prison.

Burglary with Assault or Battery.  To prove the crime of burglary with an assault or battery, the State must prove, beyond a reasonable doubt, that:

  • the defendant committed a burglary and,
  • during the commission on that crime, the defendant battered or assaulted a person.

Burglary with assault or battery is a felony punishable by life (PBL).

Burglary While Armed.  To prove the crime of burglary while armed, the State must prove, beyond a reasonable doubt, that:

  • the defendant committed a burglary and,
  • during the course of the burglary, the defendant was armed or armed him or herself within the structure, conveyance or dwelling.

Burglary while armed is a felony punishable by life (PBL).  It is important to note that a person can be charged with burglary while armed for stealing a firearm during the burglary.

Possession of Burglary Tools.  To prove the crime of possession of burglary tools, the State must prove, beyond a reasonable doubt, that:

  • the defendant intended to commit a burglary or trespass,
  • the defendant had in his or her possession a tool, machine, or implement that he or she intended to use in the commission of a burglary or trespass, and
  • the defendant did some overt act toward the commission of a burglary or trespass.

Possession of burglary tools is a third degree misdemeanor punishable by up to 5 years in prison.

Trespass.  To prove the crime of trespass, the State must prove, beyond a reasonable doubt, that:

  • the defendant willfully entered or remained in property of another,
  • the property was in the lawful possession of another, and
  • the defendant’s entering or remaining in the property was without permission of a person authorized to give permission.

Depending on the type of property trespassed in, trespass is either a first degree misdemeanor punishable by up to a year in the county jail or a second degree misdemeanor punishable by up to 60 days in the county jail.

If you are arrested or charged with burglary, it is important to contact a knowledgeable and skilled criminal defense attorney.  At Winston Law, P.A., we will speak to prosecutors before your case is filed and provide information that may result in the charges being dismissed or lesser charges being filed.  If your case has already been filed, Winston Law, P.A. can explore and develop possible defenses such as the alleged victim’s motive to fabricate charges, misidentification of the defendant by witnesses, faulty police investigation leading to the wrong suspect, and more.

If you or a loved one have been arrested for or charged with burglary, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com for your free consultation.

winston law