The burglary statute covers several different but similar offenses. Generally, however, it involves breaking into a house, building, or vehicle with the intent to commit a crime. Since even the lowest level offenses carry harsh penalties, it is important to consult a Delray Beach burglary lawyer if you are facing these allegations. A well-versed theft lawyer can help defend your rights in and out of court to reach a positive outcome.
As defined by Fort Lauderdale law, what constitutes burglary?
There are different types of burglary in Fort Lauderdale. There is burglary of a dwelling, which is a burglary of where someone lives, burglary of a structure such as a warehouse or business, and burglary of a conveyance, which is usually any movable item, such as a car, boat, or train. More specifically, in Florida, burglary occurs when a person enters or remains in a dwelling, a structure, or a conveyance with the intent to commit a criminal offense. All burglaries are felonies in Florida. They can carry with it fairly significant and severe penalties, which could include probation and/or prison time. According to Florida Statute 810.02 burglary can occur when a defendant enters a dwelling, structure, or conveyance owned by or in possession of another person and has the intent to commit an offense in that location.
Another example of burglary in Florida and Fort Lauderdale is someone lawfully entering a dwelling, structure, or conveyance with the initial permission or consent of the owner and remaining inside with the intent to commit an offense. They could also commit the offense by remaining in the dwelling, structure, or conveyance after permission to remain has been withdrawn or revoked with the intent to commit an offense or with the attempt to commit a forcible felony inside.
The term structure is defined as a building of any kind, either temporary or permanent, which has a roof over it. Conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle, car, trailer, aircraft, or sleeping car. Florida Statutes defines a dwelling as a building of any kind, whether the building is temporary or permanent, mobile or immobile, that has a roof over it and is designed to be occupied by people lounging there at night together with an enclosed space of ground and outbuildings immediately surrounding it.
Degrees of Penalties
Just like grand theft, there are three degrees of burglary in the state of Florida; third-degree, second degree, and first degree. Burglary is a third-degree felony, which carries with it up to five years in Florida State Prison or five years of probation and a $5,000 fine. This generally applies when someone enters or remains in a structure without any other people inside that structure at the time or enters or remains in a conveyance where there are no other people in that conveyance at the time.
Second-degree penalties include up to 15 years in Florida State Prison, 15 years’ probation, and a $10,000 fine. These are cases where an assault takes place but no dangerous weapon was carried or used. It also covers situations where someone enters or remains in a dwelling and there was no other person in the dwelling at the time, a structure where there was no other person, or a conveyance and there was no other person at the time the defendant entered or remained.
Burglary in the first degree in conjunction with certain other offenses can be punishable by life in prison. This level of offense occurs when a person also commits an assault or battery during the commission of the burglary or is armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon or weapons. It can also occur when someone enters an occupied or unoccupied dwelling or structure and uses a motor vehicle as an instrument to assist in committing the offense and thereby damaging the dwelling or structure or causes damage to the dwelling or structure or any property within the dwelling or structure in excess of $1,000.
What are some reasons a person charged with burglary should hire a burglary lawyer?
A person charged with burglary should speak with a burglary lawyer because the penalties are stiff. Prosecutors in Delray Beach take these allegations seriously, especially in burglary cases involving dwellings. The individual charged with burglary need someone who has experience handling these cases who knows what type of motions to file, and how to negotiate these cases to get the best possible result. To discuss your case, call today.