Orlando Burglary Defense Attorney
Defense Against Burglary Charges in Orlando and Throughout Central Florida
Burglary crimes are taken very seriously under Florida Law and can have long lasting consequences for those found guilty. Orlando Criminal Defense Attorney David Hill has years of experience handling burglary defense cases in Orlando and the Surrounding Central Florida areas.
What is Burglary in Florida?
The statutory (and it is contained in Florida Statute 810.02) definition of burglary consists of the following steps or elements:
- entering a dwelling (home or residence), structure (building of some sort) or conveyance (vehicle) with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant/accused is licensed or invited to enter, OR,
- Notwithstanding a licensed or invited entry, remaining in a dwelling, structure or conveyance,
- surreptitiously, with intent to commit an offense therein,
- after permission to remain therein has been withdrawn, with the intent to commit an offense therein, or
- to commit or attempt to commit a forcible felony
In plainer language this means that if you enter into someone else’s home, building or vehicle, whether you break in or not, without permission, with the intent to commit some sort of crime, you are committing a burglary. This can be confusing due to older language associated with burglary of “breaking and entering”, which makes people think that if they don’t break into the premises then it is not a burglary. That’s not the case – if you enter into the premises, whether through breaking in or just opening an unlocked door, and you have intent to commit an offense, that’s a burglary. If you were invited in or were licensed to be there, but at some point your permission to be there is withdrawn by the owner of the property, and you don’t leave and you have intent to commit an offense there, that becomes a burglary. That can cause some confusion too, because many people think that if they are invited guests that if something happens at the premises where they were invited it can’t be a burglary. As soon as the owner or person who is allowing you to be there asks you to leave, and you don’t leave and intend to commit an offense there it becomes a burglary.
Types of Burglary Crimes and Penalties
All burglaries are felonies under Florida law. They are broken down as follows:
It is a first degree felony punishable by life in prison if in the course of committing the offense of burglary, (1) the person makes an assault or battery on any one, or (2) the person is or becomes armed within the premises with explosives or a dangerous weapon, or (3) the person enters an occupied or unoccupied dwelling or structure, and either uses a car to commit the burglary and damages the dwelling or structure, or causes damage to the dwelling or structure, in excess of $1,000.00.
It is a second degree felony (punishable by up to 15 years in prison) if in the course of committing the offense the person doesn’t make an assault or battery, and doesn’t become armed, and the person enters or remains in a:
- Occupied home or residence (dwelling) – in other words if there’s someone at the house at the time the burglary takes place;
- Home or residence (dwelling) and there is no one there when the person enters or remains;
- Structure (some sort of building besides a home), and there’s another person there at the time;
- Vehicle (car or truck of some sort), and there’s another person in the conveyance at the time;
- Structure or vehicle when the offense intended to be committed therein is theft of controlled substances.
It is a third degree felony (punishable by up to 5 years in prison) if in the course of committing the offense the person doesn’t make an assault or battery, and doesn’t become armed, and the person enters or remains in a:
- Structure, and there is not another person in the structure at the time
- Conveyance (car or vehicle), and there is no one in the car at the time it is entered.
Obviously the law in Florida puts a very high punishment on any burglary associated with going into or remaining in a house without permission (Burglary of a dwelling, whether occupied or not).
Contact our Orlando Burglary Defense Lawyer in Orlando
If you have been charged with burglary in Orlando, Winter Park, Orange County or in any other place in Central Florida, be proactive in protecting your legal rights and contact us today. Our Orlando burglary defense lawyer has the experience and skills necessary to defend your case. Call us today at (407) 648-0006 or fill out our online form for a free consultation. We value your privacy and will keep your information confidential.
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