Understanding Florida’s Burglary Laws

Under Florida law, an individual may be found guilty of burglary if he or she enters or remains in a dwelling, structure or conveyance with the intent to commit an offense within the dwelling, structure or conveyance. If the property in question is open to the public at the time of the alleged burglary, or if the individual was licensed or invited to enter the property, then the individual has not committed burglary in Florida.

In order to be convicted of burglary in Florida, it is essential that the prosecution prove you intended to commit a crime while unlawfully entering or remaining on another’s property. If this intent to commit another crime is not present, then the only crime at issue is more akin to trespassing. To ensure you have a thorough understanding of what burglary actually is and how it is different from other crimes like trespass and robbery, you should consider speaking with a Tampa Criminal Defense Attorney as soon as possible.

Burglary is considered a felony in Florida, and the degree of felony increases based on how serious the burglary charge is, and what other contributing factors were involved. Burglary charges in Florida are classified as follows:

• Third Degree Felony Burglary – An individual may be charged with and found guilty of third degree felony burglary if he or she unlawfully enters or remains in a dwelling or other applicable structure, and does so without committing assault or battery while on the premises, does not become armed with a dangerous weapon or explosive, and where there is no person currently in the structure at the time of the alleged burglary.
• Second Degree Felony Burglary – An individual may be charged with and found guilty of second degree felony burglary if he or she unlawfully enters or remains in a dwelling or other applicable structure, and does so without committing assault or batter while on the premises, does not become armed with a dangerous weapon or explosive, and where there is a person or persons present in the structure at the time of the alleged burglary.
• First Degree Felony Burglary – An individual may be charged with and found guilty of first degree felony burglary if he or she unlawfully enters or remains in a dwelling or other applicable structure, and he or she makes an assault or battery on another person, or he or she becomes armed within the structure with a dangerous weapon or explosives. An individual also faces first degree felony burglary charges if he or she enters an occupied or unoccupied dwelling or other applicable structure, and does so with the use of a motor vehicle to assist in the commission of a burglary, thereby damaging the dwelling or structure.

  It isn’t always easy to determine what facts exist to classify any given burglary charge as one of the three degrees of felonies listed above. For example, there may be a dispute as to whether an individual was actually present in the dwelling or structure at the time the alleged burglary was committed. This can be a significant factor as the presence of an individual enhances the severity of the potential consequences associated with being convicted of burglary in Florida. Because there is so much at stake when facing a burglary charge in Florida, it is imperative that you have competent and dedicated legal representation from start to finish. Tampa Criminal Defense Attorney Marc A. Joseph, P.A. will provide you with the possible outcomes of your burglary charge and take all steps necessary to either have your burglary charge dismissed or to seek a resolution that will minimize the severity of any punishment.