What is Burglary in Florida?

Burglary is a crime that comes with serious consequences, but what exactly is it? Many people confuse burglary with robbery, but they are not the same thing. Robbery involves theft and causing fear to someone through assault or threats of violence. Robbery is considered a violent crime, while burglary is a property crime. Burglary does not necessarily involve theft nor does it involve the use of force. However, many burglars do enter homes, businesses, and other buildings with the purpose of stealing something.

A burglary charge can change your life in many ways. Here’s what you need to know.

What the Law Says

Under Florida Statutes Section 810.02, the definition of burglary depends on when the crime was committed. For offenses committed on or before July 1, 2001, burglary is defined as entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit a crime, unless the premises are at the time open to the public or the defendant is authorized to enter the building.

For offenses committed after July 1, 2001, burglary can happen in several different ways:

• Entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit a crime, unless the premises are at the time open to the public or the defendant is authorized to enter the building.
• Remaining in a dwelling, structure, or conveyance:
  • Secretively, with the intent to commit a crime.
  • After permission to remain in the structure has been withdrawn, with the intent to commit an offense.
  • To commit a forcible felony.

First-Degree vs. Second-Degree Felony

Burglary is a first-degree felony, if while committing the offense, the offender:

• Commits an assault or battery upon a person.
• Is armed with explosives or a dangerous weapon
• Enters dwelling or structure and either:
  • Uses a motor vehicle to assist in committing the offense and thereby damages the structure; or
  • Causes damage to the dwelling or structure in excess of $1,000.

It does not matter whether or not the dwelling or structure is occupied. The punishment is life imprisonment.

Burglary can also be charged as a second-degree felony if the offender:

• Enters a dwelling, structure, or conveyance.
• Is not armed with a dangerous weapon or explosive.
• Does not commit assault or battery.

All three must apply. A second-degree felony in Florida can result in up to 15 years in prison, probation, and a $10,000 fine. 

Contact Us Today 

Burglary is a felony crime, whether or not you are armed. You could face many years in prison as well as fines and probation.

A Fort Myers burglary defense attorney from Hollander & Hanuka can help you understand the charges you face. If you’re facing burglary charges, it’s important to know your rights and the legal challenges you could face. With the potential for harsh penalties, it’s crucial to have an experienced criminal defense attorney by your side. Schedule a consultation today by calling (239) 332-3300.

 Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html