Florida Criminal Law: Can a Burglary Be Charged as a Third Degree Felony? :: Jacksonville Criminal Defense Attorney Blog

As a criminal lawyer in Jacksonville, Florida, I understand how crimes are charged by the police (i.e. Jacksonville Sheriff’s Office) and then by the State Attorney’s office. To understand the crime of burglary, and the related charges, it is important to know what charge can be brought by the State for any crime of burglary. Burglary ranges from a first to a third degree felony and each carries different penalties.

In Florida Statute 810.02(4), a Third Degree Felony Burglary is charged against the accused when the following elements can be proven:
1. A burglary is committed in accordance with F.S. 810.02(1); and
2. An assault or battery was not committed during the burglary; and
3. The accused did not become armed with a deadly weapon (i.e. gun or knife) or an explosive; and
4. Upon entering or staying in the structure of conveyance, there was no other person in the structure or conveyance.
Basically, entering a dwelling excludes the charge from being a third degree felony, regardless of whether someone was in the home. However, if no other crime is committed, like a battery, and there is no one in the structure (i.e. store) or conveyance (i.e. car), then it can be a third degree felony, which is the lowest charge for a burglary.

If you have been charged with a burglary, then you should contact a criminal lawyer to better understand your rights and options.

Posted by Keith Maynard | Permalink | Email This Post

Posted In: Burglary , Criminal Law