In Florida, there are three types of burglary a person may be arrested for, including burglary of a dwelling, burglary of a structure, and burglary of a conveyance. You might assume that a theft crime, breaking or entering, or robbery are associated with burglary, however under Florida Statutes all have different penalties and definitions. At Adams, Luka, & Benton, our Orlando burglary defense lawyers know that a conviction for any of the three types of burglary can leave an individual facing serious consequences not only in terms of jail/prison time and other penalties, but reputation and career as well. We are committed to securing positive results for our clients, and urge you to contact us now even if you are only under investigation.
What are the differences between the three types of burglary in Florida?
All are defined under Florida Statute §810.011 as follows:
A structure is a building of any kind with a roof, whether permanent or temporary. A dwelling is a building or conveyance (railroad car, motor vehicle, trailer, aircraft, etc.) of any kind which has a roof and whose purpose is to provide cover for occupation at night/lodging. This includes a mobile building such as a mobile home, a building with an attached porch, or permanent/temporary building or conveyance. A conveyance is any ship, trailer, vessel, motor vehicle, railroad car, sleeping car, or aircraft.
Burglary occurs when an individual unlawfully enters a dwelling, structure, or conveyance for the purpose of committing a crime inside. Burglary may also occur when a person enters a dwelling, structure, or conveyance lawfully, but remains inside with the intent to commit a crime, the intent to commit a forcible felony, after permission has been withdrawn, remains with the intent of committing a crime inside.
Defenses to Charges of Burglary in FloridaIn order for a defendant to be convicted of burglary, the state must prove specific elements of the crime. For instance, the prosecutor must show beyond a reasonable doubt that the defendant entered the dwelling, structure, or conveyance with the specific intent to commit a crime. It must also be proven that the defendant did not have authorization to enter the premises, or that he/she had permission initially, but remained inside of the dwelling/structure after the invitation had been revoked.
Common defenses often effective in defending those charged with burglary include:
Ultimately, the defense strategy your attorney develops will depend on the specifics of your individual case.
Criminal Penalties for Burglary in Orlando & Central FloridaThe criminal penalties a defendant may face if found guilty of burglary depend on the type of burglary he/she was charged with.
First-degree felony burglary is committed when an offender assaults or batters another person in the commission of the crime, is armed with a dangerous weapon or explosion, or enters the dwelling/structure and causes damage to the building in an amount higher than $1,000, or uses a car or other motor vehicle to assist in the crime. A conviction will result in fines of up to $10,000 and a maximum of 30 years in prison.
Second-degree felony burglary is committed when an offender enters an occupied structure or conveyance, or a dwelling that is either occupied or unoccupied. However, in this case the defendant does not assault or batter another person, and is not armed with a dangerous weapon or explosives. The penalties for a conviction will include fines of up to $10,000 and a maximum of 15 years in prison.
Third-degree felony burglary is committed when an offender does not commit assault or battery in the commission of the burglary, is not armed with an explosive or other dangerous weapon, and enters a structure or conveyance that is unoccupied. The penalties for a conviction include a fine of up to $5,000 and a maximum of 5 years in prison.
Contact Adams, Luka, & Benton ImmediatelyAs you can clearly see, burglary is a serious crime that can result in substantial prison time for those found guilty. Not only will you lose your freedom, you will have a criminal record which will affect many aspects of your life, and a tarnished reputation. At Adams, Luka, & Benton, our Orlando burglary defense attorneys will use all of our skill, experience, and knowledge in an effort to obtain your desired result. Our ultimate goal is to protect your freedom and reputation; call now for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.