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Burglary

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a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; orc.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

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s.775.083, or s. 775.084, if, in the course of committing the offense, the 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.

(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;(e) Authorized emergency vehicle, as defined in s. 316.003; or(f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s.893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(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.However,  if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the  emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

 

Burglary Explained

Criminal Defense

Stand Your Ground
Smith & Eulo Law Firm, your Orlando Law Firm, experienced Orlando criminal defense attorneys, Orlando, Metrowest.

Florida’s “Stand Your Ground” Law has become a hot topic of conversation in Florida over the past few years. For Orlando Criminal Defense Lawyers, the Stand Your Ground Law is a powerful legal tool that can be a game changer on cases where self-defense is a viable option for our clients for several reasons. First, winning a Stand Your Ground Motion can result in the entire case. Also, Stand Your Ground Motions are decided on a preponderance of the evidence standard, which means that if your judge finds that it was 51% likely that you had a legal right to self-defense, you are immune from prosecution and the case is dismissed. Moreover, Stand Your Ground Motions can force the State to produce their witnesses to testify at a Stand Your Ground Hearing, which allows an Orlando Criminal Defense Attorney to lock in the testimony of the State’s witnesses and be fully aware of how they will testify in the event the case goes to trial.

As always, please contact an experienced Orlando Criminal Lawyer at the Smith & Eulo Law Firm if you have questions about your case. We are conveniently located in Metrowest, 7065 Westpointe Blvd, Suite 322, Orlando, FL 32835. You can call us directly at 407-930-8912, or email us at smithandeulo@gmail.com.

Smith & Eulo is “Your Path to Justice.”