Burglary is codified at Florida Statute 810.02 and is always a felony if a conviction results. The severity of this charge depends on what was alleged to have been burgled, whether there were people within, and if force was used. Florida Statute 810.02 defines burglary as “entering a dwelling, structure, or conveyance with the intent to commit an offense therein…” This crime is considered a first degree felony but punishable by life if while in the course of the burglary the individual commits an assault or battery, becomes armed while within, or enters an unoccupied dwelling or structure and uses a motor vehicle other than as a getaway car or causes damage in excess of $1,000. As you can imagine, a variation of this charge satisfying the above referenced requirements is the most serious type of burglary.
A burglary will be a second degree felony, punishable by up 15 years in prison and a $10,000 fine if:
- A person burgles a dwelling regardless of whether someone is inside
- A person burgles a structure and there is someone inside
- A person burgles a conveyance and there is someone inside
- A person burgles an authorized emergency vehicle
- A person burgles a structure or conveyance when the offense intended to be committed within is theft of a controlled substance
A burglary is considered a third degree felony, punishable by up to 5 years in prison and a $5,000 fine if:
- A person burgles a structure and there is no one inside
- A person burgles a conveyance and there is no one inside
The Tampa burglary lawyers at The Mayberry Law Firm have handled numerous allegations of this crime over their careers. One of the first things our criminal attorneys evaluate is whether the State can prove an intent to commit an offense while within the subject of the burglary. If they cannot, all you really have is a trespass Tampa criminal lawyer Jason Mayberry once represented an individual accused of drunkenly entering the home of another to steal an iPod. Our client swore he never intended to go in the townhouse residence and was very drunk. With some diligence we were able to show that the iPod was in the possession of the alleged victim’s son the whole time. With no intent to commit an offense in the townhouse, our client had a charge reduction to trespass, accepted the plea offer and moved on with only a misdemeanor on his record.How can We Help?
Each attorney in our firm is well versed with the elements necessary to make a case against someone. We will investigate every possible defense available to our client and ensure that no stone is left unturned. At the end of the day this charge is one of the most serious property crimes a person can be charged with and carries a significant penalty both directly and collaterally if convicted. Not only is the possibility of a lengthy prison sentence present, so too is the looming cloud of becoming a convicted felon. You need an aggressive and dedicated criminal attorney to help you through these allegations. You need The Mayberry Law Firm. Call us today at 813-444-7435.