Florida Criminal Law: How Is Burglary Defined by Florida Statute?
In Jacksonville, Florida our news often gravitates towards crimes, like burglary. There are a number of crimes committed on a daily basis throughout the country, but local news always makes your home city feel like the worst. Crimes are defined in Florida by statute and the police, like the Jacksonville Sheriff’s Office are responsible for investigating the crime to make certain the crime charged fits the statutory definition.
Burglary is defined by Florida Statute 810.02, which defines burglary as the following:
1. Entering a dwelling (i.e. a house), a structure (i.e. a building of any nature), or a conveyance (i.e. a vehicle) with the intent to commit an offense (i.e. a theft) 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(i.e. a guest), remaining in a dwelling, structure, or conveyance:
a. Sneaking into the building, with the intent to commit an offense therein;
b. After permission has been withdrawn to stay in the premises, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
If you have been charged with a burglary, then you should speak with a criminal lawyer about your rights and options.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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