What is Burglary
Florida Statute 810.02 – Burglary
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in 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 remain.
(b)For offenses committed after July 1, 2001, “burglary” means: 1. 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a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; orc. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
Is it a felony?
Burglary is a felony offense and can be either a first, second, or third degree. For a burglary to be a first-degree felony, the individual would have to commit assault or battery during the burglary. They would have had been armed when they entered the property. This can be with either a weapon or explosives. Other factors that would constitute a first-degree felony would be using a vehicle to break into the property or cause damages that exceed more than $1,000.
For a second-degree felony burglary would involve another person being present when the burglary takes place. There would need to be another person occupying the property so the owner of the home, workers, or anyone affiliated with the property. During the burglary, the individual never commits or attempts to commit an assault or battery on any individuals occupying the property. Another reason for a burglary being a second-degree felony would be if the crime was committed while the county was under a state of emergency.
A burglary is a third-degree felony is there is nobody present during the burglary. No weapon was used during the burglary and there was no assault or battery. At no point of the burglary did the individual become armed and dangerous by possessing a weapon or explosive.
What are the penalties?
A first-degree felony is punishable for a maximum imprisonment that doesn’t exceed a life sentence. If it is a life felony, meaning someone was killed or seriously injured, then it would be a life imprisonment. If a death was not involved, then the maximum prison sentence is 30 years and a $10,000 fine. For a second-degree felony, the maximum prison sentence is 15 years and a maximum fine of $10,000. A third-degree felony is punishable by a maximum prison sentence of 5 years and a fine of $5,000.
If you enter a plea to Burglary and are sentenced to probation, you are now classified as Anti-Murder, because burglary is a qualifying offense. The consequences of this designation are severe. Specifically, you get additional points added to your score sheet. You also are now anti-murder for any additional felony case you ever resolve with probation.
Prison Release Reoffender:
Burglary is a qualifying offense under the Prison Release Reoffender (PRR) Act. Most Orlando Burglary Lawyers can explain the dangers of the PRR designation. However, PRR can require a person to serve their entire sentence day for day. In the case of a Burglary of a Dwelling, that can mean 15 years day for day, without gain time.
If you are charged with burglary in Orlando, FL you need to contact an attorney immediately. Here at Smith & Eulo we are open 24/7 ready to talk about your specific situation. Give us a call, or fill out the form on this page and one of our criminal defense attorneys will get in touch with you.
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