Florida Statute Section 810.02

A burglary occurs when one enters a dwelling, structure or conveyance, that is not open to the public and without invitation, with the intent to commit a crime while inside the dwelling, structure or conveyance. A dwelling is defined as a building or structure where one resides and anything attached to it such as a porch or shed. A conveyance is defined as any motor vehicle, vessel, trailer, aircraft, etc. Three elements much be proven beyond a reasonable doubt for an offender to be found guilty of burglary. The prosecution has the burden of proof and must convince a jury that 1) the offender entered a structure or conveyance which belongs to another, 2) the entering was without invite or permission or at the expiration of such invite or permission, and 3) the offender had a fully formed intent to commit a crime with remaining inside the structure or conveyance. Therefore, if you enter someone's vehicle through an unlocked door or open window to steal something, you have committed a burglary. If you enter a dwelling for the purpose of committing theft or battery, you have committed a burglary. A burglary of a non-occupied, non-dwelling will likely result in a third degree felony which is punishable by up to five (5) years Florida State Prison. A burglary of a dwelling, an occupied structure or conveyance, an authorized emergency vehicle, or in furtherance of theft of a controlled substance will likely result in a second degree felony, punishable by up to fifteen (15) years Florida State Prison. However, if the offender is armed, commits assault or battery or causes damage to the dwelling, structure or conveyance they will be charged with a first degree felony and punished up to thirty (30) years Florida State Prison. For more information regarding criminal charges of Burglary, you can contact the attorneys at Schwam-Wilcox & Associates at info@cbswlaw.com or 407-982-2714.

Criminal Defense Against Burglary Charges

For more information on how to defend yourself against burglary charges, you can contact the attorneys at Schwam-Wilcox & Associates. Call 407-982-2714 or 888-337-5886, or send us an email to schedule a complementary consultation.