Florida considers burglary to be a serious property crime since it involves breaking and entering, use of force, threats and sometimes property damage. A person can enter without permission by sneaking inside, breaking down a door, or getting permission through deception.
Florida typically assigns experienced prosecutors to handle burglary charges, so it is crucial that you speak with a skilled defense attorney right away.
Attorney for Burglary in Treasure Coast, FL
If you have been arrested or are being investigated for burglary on the Treasure Coast, you should contact Meltzer & Bell as soon as possible. Our attorneys have proven experience with burglary offenses and will fight to ensure the best possible outcome is achieved for your situation.
Call Meltzer & Bell at (772) 291-2534 to schedule a case consultation or submit your information in the online contact form. We represent clients in counties along the Treasure Coast that include Martin and Saint Lucie.
Overview of Burglary in Treasure Coast, FL
Burglary is considered the entry or occupation of another person’s property with the intention of engaging in unlawful activity. The crime is defined under section 810.02 of the Florida Statute and can occur in the following manner:
- Entering a dwelling, structure, or conveyance that is owned by another person and without their consent with the intention of committing a criminal offense at the time of entering the property.
- Lawfully entering a dwelling, structure or conveyance and remaining inside secretly with the intention of committing an offense, or after permission to stay inside has been withdrawn with the intent of committing an offense, or committing or attempting to commit a forcible felony.
Under Florida law, a structure is considered any building as long has it has a roof overhead while a conveyance is considered a vehicle, trailer, boat, aircraft or railroad car. A dwelling, on the other hand, is classified as any building, mobile or immobile, with a roof overhead and is designed to occupy people at night.
Burglary requires an offender not just to trespass, but also have the intention of committing a crime. This usually involves theft, but even if you break into a home and graffiti the walls, you could still be charged with burglary because you unlawfully entered the home and committed a crime.
A person cannot burglarize property that is available to the public. For instance, if an individual goes into a store and steals shoes, they would only be committing theft since the store is open to the public. But if someone breaks into their neighbor’s garage and steals their weed eater, it would be considered burglary.
Like any criminal offense, the extent of the penalties depends on certain elements of the case. The penalties for burglary are defined in section 810.02 of the Florida Statute and are as follows:
Third-Degree Felony: If the defendant entered or remained inside a structure or conveyance that was not occupied during the defendant’s trespass, they could be charged with a third-degree felony that entails up to five years in prison and a $5,000 fine.
Second Degree Felony: If the defendant enters or remains inside a dwelling, whether occupied or not, a structure, or conveyance that is occupied during the defendant’s trespass, they could be charged with a second-degree felony that is punishable by up to 15 years in prison and a $10,000 fine.
First-Degree Felony: If the defendant is armed when entering the structure, conveyance or dwelling, assault anyone occupying the structure, conveyance or dwelling, uses a motor vehicle to assist in damaging the property or causes damage to the property in excess of $1,000, they could be charged with a first-degree felony that is punishable by up to life in prison.
Florida Statute 810.02 Burglary– Read through the state statute that defines burglary laws and penalties in Florida. The statute lays the ground for what is considered burglary, penalties and what happens if burglary is committed in a county that is under a state of emergency. The statute can be read on Online Sunshine, the official website for the Florida Legislature.
Florida Statute 810.011 Definitions– Familiarize yourself with the definitions used in chapter 810 regarding burglary and trespassing. Some of the definitions include structure, dwelling, and conveyance.
Lawyer for Burglary in Treasure Coast, FL
The best defense you can take in fighting a burglary accusation is to seek legal counsel from the proven and experienced defense attorneys at Meltzer & Bell. We will fight to protect your rights and achieve the best possible outcome.
We represent clients in counties along the Treasure Coast that include Martin and Saint Lucie. Call Meltzer & Bell today at (772) 291-2534 to schedule a case consultation or submit your information in the online contact form.