Florida statute section 810.02
A burglary occurs when one enters a dwelling, structure or conveyance, that is not open to the public and without invitation, with the intent to commit a crime while inside the dwelling, structure or conveyance. A dwelling is defined as a building or structure where one resides and anything attached to it such as a porch or shed. A conveyance is defined as any motor vehicle, vessel, trailer, aircraft, etc. Three elements must be proven beyond a reasonable doubt for an offender to be found guilty of burglary. The prosecution has the burden of proof and must convince a jury that 1) the offender entered a structure or conveyance which belongs to another, 2) the entering was without invite or permission or at the expiration of such invite or permission, and 3) the offender had a fully formed intent to commit a crime with remaining inside the structure or conveyance. Therefore, if you enter someone’s vehicle through an unlocked door or open window to steal something, you have committed a burglary. If you enter a dwelling for the purpose of committing theft or battery, you have committed a burglary. Burglary of a non-occupied, non-dwelling will likely result in a third-degree felony which is punishable by up to five (5) years Florida State Prison. Burglary of a dwelling, an occupied structure or conveyance, an authorized emergency vehicle, or in furtherance of theft of a controlled substance will likely result in a second-degree felony, punishable by up to fifteen (15) years Florida State Prison. However, if the offender is armed, commits assault or battery or causes damage to the dwelling, structure or conveyance they will be charged with a first-degree felony and punished up to thirty (30) years Florida State Prison.
Criminal defense against burglary charges
For more information on how to defend yourself against burglary charges, you can contact the attorneys at
Schwam-Wilcox & Associates.
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If you are in need of a criminal defense attorney (lawyer) in Orange, Osceola, Seminole, Lake or other counties throughout Florida call Schwam-Wilcox & Associates at 407-245-7700, or Contact Us by completing the form below to schedule a consultation. Schwam-Wilcox & Associates is a firm you can trust, and our attorneys are ready to help you with your legal needs. The main office is conveniently located near Winter Park in Orlando, with appointments also available in The Villages.