Burglary, Florida Laws. Burglary is when a person enters or remains in a dwelling or structure with the intent to commit a criminal offense inside or unlawful activity. Burglary is a felony and carries severe penalties such as probation and even prison. During a trial, a prosecutor must be proved beyond a reasonable doubt that the defendant entered the premises with intent to commit a crime or engage in unlawful activity. A defendant can also receive jail time if they entered a premise without permission or authorization or if that permission or authorization expired.
Burglary and Florida Law
Florida law states that a burglary can be prosecuted as a felony in the first, second or third degree. It is a serious crime, much more so than a misdemeanor. Burglary laws in Florida are complicated carrying severe penalties. This can leave the defendant with potentially life-changing consequences and pay hefty fines. It is best to avoid a conviction at all costs. If you are charged with burglary, it is important to obtain legal assistance immediately.
Florida Statutes Section 810.011.810.06
Varying Degrees of Burglary
Third Degree Felony Burglary
If a burglary is committed on a structure and the building is not occupied, a defendant will likely be charged with a 3rd-degree felony.
Second Degree Felony Burglary
If you are accused of burglary on a dwelling or occupied structure, you did not have a weapon and no one was hurt, you could be charged with second-degree burglary. A burglary of an authorized emergency vehicle would also charge one with second-degree burglary.
First Degree Felony Burglary
A defendant will be charged with a first-degree felony if they were armed at the time of the burglary, committed assault or battery, used a motor vehicle to enter the building or caused damage to the building at the time of the offense
- 3rd Degree Felony – Imprisonment for up to five years and a fine of an amount up to $5,000.
- 2nd Degree Felony – Maximum sentence of imprisonment for 15 years and a fine of $10,000.
- 1st Degree Felony – Up to 30 years imprisonment and a fine in an amount up to $10,000.
Defenses to the crime of Burglary
- Defendant has the owner’s consent to enter or be on the property.
- The premises were open to the public.
- The defendant did not have the intent to commit a crime.
If you have been arrested for burglary, it is not necessary for you to wait until you have actually been charged with a crime before hiring Mr. Chapman. If you hire him while the police and prosecutor’s office are still investigating your case, Mr. Chapman may be able to intervene on your behalf in order to help prevent charges from ever being filed against you in the first place.
Ron Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or http://www.justiceflorida.com/contact/
Visit us at http://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ron Chapman, an experienced criminal defense lawyer dedicated to defending your rights. Contact him today to begin to discuss your case.
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Ronald S. Chapman, P.A.
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West Palm Beach, FL 33401
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