Criminal Charge of Burglary in Florida

Tampa Burglary Attorney

If you or a loved one has been arressed for the criminal offense of burglary, contact an experienced Tampa Criminal Attorney to discuss your case in Hillsborough County, Pinellas County, Manatee County, Sarasota County, Polk County or Pasco County. Burglary is a crime of dishonesty and moral turpitude which can destroy your changes of gaining certain types of employment.

Under Florida Statutes Section 810.02, "Burglary" is defined as surreptitiously entering or remaining in a dwelling, structure or conveyance with the intention to commit an offense (other than tresspass or burglary) inside of the dwelling, structure or conveyance at a time when the defendant is not licensed or invited to enter or remain, and the area is not open to the public.

Under the Florida Burglary statutes, a "dwelling" is defined as a building that people used as a shelter, lodging or home. The dwelling includes the porch of the home, and any buildings attached to it such as a garage. A dwelling can include a mobile home, RV, or tent. A "structure" is any building that has a roof and foor, and includes the buildings attached to it such as a garage. A "conveyance" most commonly refers to a car, truck or other motor vehicle, but it can also include a airplane, vessel or boat (anything used to transport people from one location to another).

The jury instructions for a burglary offense provide that the jury may infer that the defendant had the intent to commit a crime inside the structure or conveyance if he entered in a manner that was stealthily and without the consent of the owner or occupant. In order to enter, the defendant's entire body does not have to go inside of the structure, dwelling or conveyance, instead it is sufficient if any part of his body goes inside, including a hand. The intent to commit a crime therein looks at the operations of the defendant's mind which is not always capable of direct and positive proof. Therefore, the prosecutor is allowed to attempt to establish evidence of intent by the use of circumstantial evidence.

The fact that the defendant was in possession of recently stolen property, unless satisfactorily explained, can be used as evidence to support a conviction of burglary if the circumstances of the burglary and of the possession of the stolen property convince the jury beyond a reasonable doubt that the defendant committed the burglary.

An Overview:

· Third Degree Felony
· Second Degree Felony
· First Degree Felony
· Conclusion

Burglary - a Third Degree Felony

Burglary to a conveyance or burglary to an unoccupied structure is a third degree felony which is punishable by up to five (5) years in Florida State Prison.

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Burglary - a Second Degree Felony

The offense is enhanced to a second degree felony, which is punishable by up to fifteen (15) years in Florida State Prison, if at the time of the commission of the burglary, the dwelling, structure of conveyance is occupied.

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Burglary - a First Degree Felony

The offense of burglary is enhanced to a first degree felony which is punishable by up to thirty (30) years in Florida State Prison if any of the following elements are proven:

1. the defendant commits an assault or battery upon any person during the commission of the burglary;
2. is armed or becomes armed with a weapon during the commission of the burglary;
3. enters an dwelling or structure and uses a motor vehicle to assist in committing the offense, or causes damage to the dwelling or structure or property inside in excess of $1,000.00.

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Conclusion

If you or a loved one has been arrested for the serious offense of burglary, contact an experienced Tampa criminal defense attorney to discuss your case.  At the Sammis Law Firm, we understand the serious penalties that accompany a burglary charge and we can fight to have the case dismissed by the court or reduced by the prosecutor.

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