Types of Burglary Charges in Florida
Burglary, pursuant to Florida Statute 810.02, is defined as entering a dwelling, structure, or conveyance with the intent to commit an offense. There are different types of burglary and all are felonies.
In Florida, burglary occurs when someone does not have permission to enter or remain in the dwelling, structure, or conveyance.
Even if you are allowed to enter a building or vehicle, you can be charged with burglary if you stay after being asked to leave.
Burglary of a Dwelling
Burglary of a dwelling is the entering of someone’s residence with the intent to commit a crime within, typically theft. This is a second-degree felony and will result in a maximum sentence of 15 years of probation or prison. You will also have to pay up to a $10,000 fine even if there is no prior criminal history.
Burglarly of a Structure or Conveyance
Burglary of a structure or conveyance is typically the entering of a business or motor vehicle with the intent to commit a crime. The penalties for burglary depend on if the structure or conveyance is occupied or not. If unoccupied, this is a felony of the third degree. Penalties include a maximum penalty of 5 years in prison or 5 years of probation and a $5,000 fine.
A first-degree burglary occurs when someone commits an assault or battery during the burglary, or they become armed during the burglary. If you use a motor vehicle to commit a burglary and cause property damage over $1,000 the penalty could be a life sentence in prison.
A second-degree burglary occurs when someone enters and remains in an occupied or unoccupied dwelling without committing an assault or becoming armed. Penalties include up to 15 years in prison and fines up to $10,000.
A third-degree burglary occurs when someone enters and remains in an unoccupied structure or conveyance. Penalties include up to 5 years in prison and fines up to $5,000.
Burglary cases generally involve a great deal of evidence. In addition to standard police reports, there may also be DNA evidence from blood collected from broken windows, fingerprint evidence, crime scene investigation (CSI) reports, and laboratory reports. If there are co-defendants then there will be separate reports generated for those individuals as well.
Depending on the facts of the case, it may be necessary to take depositions of the police officers and witnesses. The purpose of this is to determine the extent of their knowledge of the facts and to discover what they will say if called to testify at trial. Depositions are taken under oath and are recorded for future use at trial if necessary.
Orlando Burglary Attorney
When choosing a lawyer it is imperative to select someone that is experienced in all of the above. As a former Deputy Sheriff, Attorney Brandon Gans has investigated a number of burglary cases in Orange County, Florida. He has experience collecting and preserving evidence such as fingerprints and DNA. He understands the procedures that must be followed by law enforcement to ensure evidence is preserved for trial. If the police do not follow protocol, the evidence may be inadmissible in court.