Jacksonville Burglary Defense Attorney
What is Burglary in Florida?
A burglary in the State of Florida occurs when a person enters a dwelling, structure, or conveyance owned by or in possession of another person and, at the time of entering, the defendant had the intent to commit an offense in the dwelling, structure, or conveyance.
- Florida defines a ‘dwelling’ as - “a building or conveyance of any kind, including any attached porch, whether such building or conveyance 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 curtilage thereof.” Florida Statute 810.011(2) Examples of dwellings can be a house, apartment, condo, mobile home, trailer, or hotel/motel room. Each of these can fit within the definition of a dwelling under Florida law.
- Florida defines a ‘structure’ as - “a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.” Florida Statute 810.011(1) Examples of structures can be stores, restaurants, or any other structure not designed to be occupied by people lodging at night.
- Florida defines a ‘conveyance’ as - “any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car;” Florida Statute 810.011(3)
Call (904) 615-8950 or contact online to speak to a burglary defense attorney in Jacksonville, Florida today!
How Has Burglary Law Changed Overtime
Historically, a burglary was limited to breaking and entering into a home at night with the intent to commit a felony within. In our day and age, the legislature has expanded the definition of burglary to include additional properties outside the home and removed the restrictions relating to the time of day and the type of crime intended within.
What Type of Sentencing Can You Be Exposed to for Burglary
Burglary charges in Florida can expose a defendant to a variety of sentencing exposure. Below are just a few of the potential varieties:
FIRST DEGREE FELONY
Burglary is a first-degree felony, with penalties of up to life in prison, where the defendant:
- Commits an assault or battery upon any person;
- Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon.
SECOND DEGREE FELONY
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 enters or remains in a:
- Occupied or unoccupied dwelling;
- Occupied structure; or
- Occupied conveyance.
THIRD DEGREE FELONY
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 an
- Unoccupied structure or conveyance.
Benefits of Early Representation for Burglary
Florida aggressively prosecutes burglary charges and the legislature has crafted numerous avenues for heightened sentences. Early representation by an experienced attorney can mean all of the difference in the outcome of your case. Our attorneys in Jacksonville are committed to protecting your rights and obtaining the best outcome possible in your case.
“I found Kate through a friend who had used her in the past. As the alleged "victim" of a criminal case, she took my requests very seriously and helped ensure I got the outcome I wanted vs. what the state wanted to happen. She understood my concerns and protected me in the court from being asked any questions. She had everything dismissed and resolved in less than a week. I am extremely happy with the outcome and will always recommend her to people.”