If you have just been arrested for a burglary you may be trying to make sense of the Florida Burglary Laws and wondering how to find a Lawyer who can help you navigate and understand the Florida Statutes. In many states burglary laws are simple, straight forward, and easy to understand. In Florida this is not the case. The Florida Burglary Laws are complex and you need to hire a lawyer who understands the specifics of Florida Law.
The penalties for burglary in the state are very severe. If convicted of the crime, the consequences can be life changing. Your criminal record will list you as a “convicted felon”, a tag that will follow you for the remainder of your life. In all likelihood you will also be required to pay a large fine that could be thousands of dollars. Hiring a competent lawyer who specializes in, and understands, Florida Burglary Laws, can help you avoid a conviction.
Florida Burglary Laws Defined
According to Florida Law, by definition a burglary is the act of entering a structure or dwelling with the intention of committing an offense. The act of entering the building will be considered a burglary if you do not have permission or the legal right to enter the premises.
First Degree Felony Burglary
If you are convicted of a first degree felony burglary in Florida you could spend up to 30 years in prison. Florida Burglary Laws classify a burglary as a first degree felony using any of the following criteria:
- The criminal is armed or becomes armed while committing the offense
- A motor vehicle is used to gain access to the premises causing damage to the structure or its contents
- The criminal commits assault or battery upon another person during the crime
- More than $1,000 of damage is inflicted upon the property during the commissioning of the crime
Second Degree Felony Burglary
If nobody was hurt and you were not in possession of a weapon during the burglary you may be charged with a second degree felony and could spend up to 15 years in prison if convicted. The crime will be considered burglary if it was committed under these circumstances:
- The crime took place inside a dwelling
- The crime took place inside an occupied structure
- The crime took place inside any building when the intended crime is theft of a controlled substance
- The crime occurred inside an authorized emergency vehicle, this includes but is not limited to fire trucks, ambulances, and police cars
Third Degree Felony Burglary
If the dwelling or structure where the crime was committed is not a home, or the building was not otherwise occupied at the time of the crime, you will be charged with third degree felony burglary. If convicted you could spend up to 5 years in a Florida prison.
Hire an Experienced Burglary Defense Attorney
If you have been charged with a burglary you need to hire an experienced attorney who understands the Florida Burglary Laws. Give me a call at (561)-454-9727 or stop by our offices in Broward County at 205 West Davie Blvd Fort Lauderdale, Florida 33316. For legal service in Palm Beach County stop by our Boynton Beach office at 8328 Waterline Dr. #106, Boynton Beach, Florida 33472.
The blog articles found here are not intended to be legal advice. Your specific case or legal issue should be reviewed by a Lawyer. Contact Ray Ledezma to discuss your case at (561)-454-9727 or send an email to RenierLedezma@yahoo.com.