![]() The crime of Burglary of an Occupied Structure is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine. In Florida, the crime of Burglary of an Unoccupied Structure is a Third Degree Felony and is punishable by up to five years in prison, five years of probation, and a $5,000 fine. Burglary of an occupied structure is assigned a Level 6 offense severity ranking. Burglary of an unoccupied structure is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. Burglary of a StructureĪ structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. In Florida, the crime of Burglary of an Occupied Conveyance is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Burglary of a Conveyanceīurglary of a Conveyance is defined as unlawfully entering a conveyance, remaining inside a conveyance surreptitiously, or remaining in a conveyance after permission to remain has been withdrawn with the intent to commit a crime inside. Additional factors such as the use of a mask, weapon, an assault or battery can increase the penalty. Burglary of an occupied structure or dwelling is a second-degree felony. Burglary of a conveyance or unoccupied structure is a third-degree felony. There are three types of property classifications for burglary in Florida: a conveyance, a structure, and a dwelling. How is Burglary Legally Defined under Florida Law?īurglary is defined in Florida Statute 810.02 as entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense when one does not have the permission to be there. Is there a lack of evidence or a conflict in the evidence?.Are there other factors or motivations that show your lack of intent to commit a crime?.Were any of your statements illegally obtained?.Were there any witnesses to this incident? Is there any video evidence?.Were you just a minor participant in this incident?.Were you lawfully detained and arrested?.Important facts in your case to consider are: It is important to start preparing your best defense as soon as possible, well before your first court date. Do whatever is necessary to avoid a conviction.ĮARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCEĮarly representation can often times convince your prosecutor to not file formal charges against you.Immediately start negotiating with the prosecutor not to file formal charges, and.Find flaws in the police officer’s investigation.Collect and review all written statements, photographs and 911 calls.Hiring an experienced and aggressive burglary attorney is essential. It is important that you start building your defense immediately after your arrest. I examine each burglary case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. I have extensive experience in defending all types of burglary cases in Orange County and Seminole County.
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