Criminal Defense Over 12 Years' Experience Protecting Your Rights

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)

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.

Sentencing Exposure

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.

Critical to Obtain Early Representation

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 are committed to protecting your rights and obtaining the best outcome possible in your case.

For a free legal consultation, call The Law Offices of Kate Mesic at (904) 615-8950 now and arrange a time to meet with our team, or obtain a case evaluation over the phone.

Our Clients Share Their Experience

  • “My case was complicated and was not leaning towards my favor... I thank the lord for meeting Mrs. Mesic.”

    Former Client
  • “Thank you Kate for all your hard work on this project and the many other contracts I have brought to you or needed you to create!”

    Kathee
  • “She responded promptly to inquiries and had an excellent knowledge of the issues. I highly recommend Kate.”

    Mike
  • “Kate is one of a kind! Her ethics, drive, expertise and support was impressive and reassuring to both my son and myself.”

    Cynthia
  • “She was there to comfort me during the deposition and everything went very well thanks for her help.”

    Erica
  • “If your looking for legal representation, you cannot do any better.”

    Jason
  • “She is expert and she is not a stranger to hard work.”

    Brad
  • “Kate is an amazing Lawyer. The biggest quality of her is listening and understanding.”

    Moitreyi
  • “Highly recommend Kate!”

    Pat
  • “Kate filed a motion to modify so I can pay fines outside of probation. Judge approved motion!”

    Former Client
  • “Thanks to Kate, my charges were reduced and my case was sealed.”

    Former Client
  • “Kind, patient, understanding, amazing communication skills, and most importantly she listened to what I said and what I wanted.”

    Jacob
  • “I feel very fortunate to have found Kate Mesic when I was in such a desperate need of legal guidance.”

    Allen
  • “Na”

    Wanda Jacksonville, FL
  • “Excellent Attorney! Highly recommend!”

    Jo

A Jacksonville Firm You Can Trust

Our attorneys will be your guides through this uncomfortable and stressful time. Fill out our secure online form or call (904) 615-8950 to get started.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.