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Burglary Defenses
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Burglary Defense
of a Dwelling, Structure, or Conveyance |
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It is very serious if you are accused of
burglary. Burglary comes clothed in many forms and varying degrees
and penalties. There is no such thing as being charged just with
burglary. In order to burglarize you must do it to something -
this is where burglary has different degrees and penalties. It is
very important to know what you are charged with because it has a big
impact on what you are facing in court.
The most serious form of burglary is when
it occurs in a house or dwelling, a person's home. This is also
what most people think of when they hear the term "burglary." A
conviction for burglary of a dwelling has a minimum guideline term of
imprisonment of 22 months. However, a conviction for burglary of a
structure can result in probation. There are also differences
whether the dwelling or structure was occupied at the time of the
offense.
Regardless of if it is burglary of a
home, office building, store, or a car, burglary is a very serious
charge. Prosecutors take these charges very seriously and the
Court is typically not sympathetic to the accused who is found guilty of
such an offense.
Having an attorney that is well versed
in the law is key to your defense and liberty.
If you would like
to contact Eric J. Dirga for more information regarding your
situation please call (407) 841-5555 or email your information
HERE. |
§810.02,
Fla. Stat. (2005): 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b. After permission to remain therein has been withdrawn, with the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; or
c. 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; or
(d) Conveyance, and there is another person in the conveyance at the
time the offender enters or remains.
(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.
History.--RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282;
RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch.
75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch.
96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84. |
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