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Burglary, Dealing in Stolen Property

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WHAT IS A BURGLARY?

The basic definition of burglary is the entering of a dwelling (home), conveyance (vehicle) or structure (building), with the intent to commit another crime without the owner’s consent or knowledge. If the intent to commit a crime within cannot be established, the charge of misdemeanor trespass is usually filed.

VARIOUS TYPES OF BURGLARY CHARGES?

Burglary of a structure/conveyance is a third degree felony punishable by up to five (5) years in Florida State Prison. A structure or conveyance is any enclosed structure such as an office, car, warehouse, school, etc. In other words, for purposes of this offense it can be anything that is not considered a dwelling (where people reside).
Since this offense is a third degree felony, I may be able to get you into a pre-trial diversion program that would ultimately result in the dismissal of the case.

Burglary of a Dwelling is a second degree felony punishable by up to Fifteen (15) years in Florida State Prison. The offense of Burglary of a Dwelling can and usually will be charged even if a person never enters a person’s actual home. Burglary of a Dwelling can also consist of jumping into an enclosed piece of property, called “cartilage” without the consent of the owner with the intent to commit a crime within (i.e.theft).

Burglary with an Assault/Battery/Armed Burglary are both felonies of the first degree punishable by up to thirty (30) years in Florida State Prison. The latter charge carries a minimum mandatory prison sentence of 10-20 up to life in prison. If the “crime within” is an assault or a battery, a burglary with assault/battery can and often will be charged by the State Attorney’s Office. These charges are viewed very seriously by the Court and State Attorney’s Office. Early intervention is critical to this type of cases.

FLORIDA BURGLARY STATUTES:

810.02 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 a forcible felony, as defended in s. 776.08.
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. 775.093, 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.

810.07 Prima facie evidence of intent.–
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.