In Florida, burglary is a serious criminal offense that involves unlawfully entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside.  People facing burglary charges in Jacksonville should have an experienced Duval County criminal defense attorney by their side.  The crime of burglary is defined under Florida Statutes § 810.02.

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Definition of Burglary:

Burglary occurs when a person:

1. Enters a structure, dwelling, or conveyance: This can include buildings, homes, vehicles, or other enclosed spaces.

2. Without permission or authorization: The entry must be unauthorized, meaning the person does not have legal permission to be there.

3. With the intent to commit a crime inside: The intent to commit any crime, such as theft, assault, or vandalism, within the structure or vehicle must be present. The crime does not have to be completed for the act to be considered burglary.

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Types of Burglary Charges:

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1. Burglary of a Dwelling:

Definition: Unlawfully entering or remaining in a home or residence with the intent to commit a crime inside.

Penalties: This is typically charged as a second-degree felony but can be elevated to a first-degree felony under certain circumstances.

Second-degree felony: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.

 

First-degree felony: Up to life in prison if certain aggravating factors are present, such as using a weapon or causing injury.

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2. Burglary of a Structure:

Definition: Unlawfully entering or remaining in a non-residential building, such as a business or office, with the intent to commit a crime inside.

Penalties: Typically a third-degree felony, but can be enhanced to a second-degree felony if certain aggravating factors are present.

Third-degree felony: Up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Second-degree felony: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.

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3. Burglary of a Conveyance:

Definition: Unlawfully entering or remaining in a vehicle, boat, or other mode of transportation with the intent to commit a crime inside.

Penalties: Typically a third-degree felony, but can be enhanced to a second-degree felony if aggravating factors are present.

Third-degree felony: Up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Second-degree felony: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.

 

Aggravating Factors:

Certain circumstances can enhance a burglary charge to a more serious offense, including:

Armed Burglary: If the offender is armed with a weapon or firearm during the burglary, it can be charged as a first-degree felony, carrying a sentence of up to life in prison.

Occupied Burglary: If the structure, dwelling, or conveyance is occupied at the time of the burglary, the charges and penalties can be more severe.

Assault or Battery: If the offender commits an assault or battery during the burglary, it can be charged as a first-degree felony.

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Defenses to Burglary Charges:

Possible defenses to burglary charges in Florida include:

Lack of Intent: Arguing that the defendant did not intend to commit a crime when entering the structure or vehicle.

Permission to Enter: Proving that the defendant had permission or legal authorization to be on the property.

Mistaken Identity: Demonstrating that the defendant was wrongly identified as the perpetrator.

Alibi: Providing evidence that the defendant was elsewhere at the time of the crime.

 

Important Considerations

Intent is Key: The prosecution must prove that the defendant intended to commit a crime inside the structure, dwelling, or conveyance. If the intent cannot be proven, a burglary charge may not stand.

Trespassing vs. Burglary: Trespassing involves unlawfully entering or remaining on someone else's property but without the intent to commit a crime inside. Trespassing is generally a lesser charge than burglary.

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Burglary is a serious crime in Florida, with penalties that can lead to significant prison time and a lasting criminal record. It is important for anyone facing burglary charges to seek legal representation to defend against the accusations and navigate the complexities of the legal system.

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 ​If you are charged with burglary in Jacksonville Duval County contact our office.  Consultations are always free and always confidential.