Burglary

Many people confuse burglary with theft or robbery, but burglary is not always committed with the intention of taking something from the structure entered. It is simply the act of entering a structure, dwelling, or conveyance without authorization and with the intention of committing a crime therein. Therefore, the severity of the charges often relies on defining the intent of the alleged burglar. Obviously the type of structure, the presence of people, and the possession of a weapon by the alleged burglar can all change the seriousness of the charges.

Per Florida statute 810.02, the legal definition of burglary is:

“Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a. Surreptitiously, with the intent to commit an offense therein;

b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.”

Per the same Florida statute (810.02), burglary charges become even more serious with the possibility of life in prison when the alleged offender:

“(a)Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c) Enters an occupied or unoccupied dwelling or structure, and:

1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.”

The Florida statute goes on to define two additional burglary scenarios subject to felony charges:

“(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(c) Structure, and there is another person in the structure at the time the offender enters or remains;

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains; or

(e) Authorized emergency vehicle, as defined in s. 316.003.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.”
If you are facing burglary charges, it is of utmost importance that you get legal representation immediately. Call the Law Office of Terrance R. Rooth, P.A., today, and we will begin the defense process by giving you your first consultation free of charge.

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