Burglary Defense Attorney

There are three types of burglary crimes in Florida based on the premise being entered with the intent to commit a crime once inside. If you’ve been charged with any burglary crime, contact Gainesville defense attorney Adam Stout to quickly begin defending your rights.

Burglary of a Dwelling

A dwelling, as defined under Florida Statute § 810.02(3), is any kind of building or conveyance with a roof over it. Additionally, the building or conveyance was designed to provide overnight lodging for people along with the surrounding curtilage. The crime itself occurs:

• When you unlawfully enter the dwelling;
• Stay inside the dwelling in secret; or

• Linger inside the dwelling after another person revokes your permission to be there with the intent to commit a crime inside.

Burglary of a Structure

Florida Statute § 810.02(4)(a) defines a structure as a temporary or permanent building that has a roof over it along with the surrounding curtilage. The crime itself occurs:

• When you unlawfully enter a structure;
• Stay inside the structure in secret; or
• Stay inside the structure after someone withdraws your permission to be inside, and you have intent to commit a crime while inside the structure.

Burglary of a Conveyance

Under Florida Statute § 810.02(4)(b), a conveyance is defined as an aircraft, motor vehicle, railroad vehicle or car, ship, sleeping car, trailer, or vessel. Burglary of a conveyance occurs:

• When you unlawfully enter a conveyance;
• Remain inside the conveyance in secret; or
• Remain inside after someone else has revoked your permission to be inside with the intent to commit a crime inside the conveyance.

Structure

Penalties for burglary of a structure depends on whether the structure was occupied or unoccupied at the time of the crime. The penalty for burglary of an unoccupied structure, a third-degree felony, includes up to 5 years in prison, up to 5 years of probation, and up to $5,000 in fines.

Burglary of an occupied structure is a second-degree felony with penalties of up to 15 years in prison, up to 15 years of probation, and up to $10,000 in fines.

Dwelling

Burglary of a dwelling is a third-degree felony with penalties of up to 15 years in prison, up to 15 years of probation, and up to $10,000 in fines.

Conveyance

Burglary of a conveyance is a third-degree felony with penalties of up to 5 years in prison, up to 5 years of probation, and up to $5,000 in fines.

A bystander defense is usually invoked when two people are walking when one person impulsively decides to perform an illegal activity. A common example is entering an abandoned home or building, or a closed business. Law enforcement often charges the second person as an accomplice under the assumption they acted as a lookout for the first person. Unless the second person acted consciously or specifically said a word that assisted, caused, encouraged, or incited the first person to act, being present isn’t enough to earn a conviction.

Consent

You have the burden to prove consent was given after being charged with burglary. Yet, once the evidence has been presented, consent must be disproved beyond a reasonable doubt for the defense to fail. Consent is often used as a defense when more than one person, including the person who gave you permission to enter, uses the dwelling, structure, or conveyance. A conviction can’t occur simply because other people were unaware of your permission to enter.

Open To The Public

A dwelling, structure, or conveyance that is open to the public grants you permission to enter, regardless of what your personal reasons for entering are. Open to the public is a subset of consent, hinging on your implied consent to remain inside unless the implied consent was explicitly revoked.

Lack of Intent

To support a burglary conviction, the element of intent to commit a crime inside must be present. Generally, this intent is shown when a person entered a dwelling, structure, or conveyance with stealth.