Jacksonville Criminal Defense Attorney Blog

Burglary, in Florida, has many components due to the number of ways that a burglary can be committed. Burglary is not just the unlawful entry into someone’s home, a store, or there car, but also the crime is charged in the way said crime is actually carried out. Florida Statute 802.10 actually takes into consideration whether there were people present, other than the accused; whether a vehicle was used in committing the crime (e.g. gaining access to the building by running into it with a car); whether the accused became armed while committing the crime, etc. For each component of the case, Florida law indicates whether those components are a first degree felony to a third degree felony burglary.

So, what are the penalties for the crime of burglary when the components are a third degree felony charge? First, if the burglary is to a structure (i.e. store) or a conveyance (i.e. car) and there were no actions of assault or battery, then it is a third degree felony. A third degree felony is punishable by a maximum of five years in prison and a fine of nor more than $5,000 for first time offenders. Florida Statutes 775.082 and 775.083 (2010).

If you have been charged with a third degree felony burglary, then you should contact a criminal lawyer about your rights and options.

The crime of burglary is defined by Florida Statute 810.02. Like all crimes in Florida, the statutes determine whether the crime is a misdemeanor or a felony. A felony can be anything from a life felony to a third degree felony. The crime of burglary, under Florida statute, can be charged as a second degree felony when the burglary is committed in a dwelling (i.e. a house or apartment), regardless of someone being in the home. Also, it can be a second degree felony when someone is present in the conveyance (i.e. vehicle) or structure (i.e. store).

So, what are the penalties for a second degree felony? If you are charged with burglary as a second degree felony, then you can be sentenced up to a term of no more than 15 years in jail and receive up to a $10,000 fine. These penalties are for the first offense, not for a repeat offender. Florida Statutes 775.082 and 775.083.

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

In Florida, burglary is defined under three different possible charges, including first, second and third degree felonies. Each charge is defined under Florida Statute 810.02 and gives the elements that must be proven through the evidence collected by the police (i.e. Jacksonville Sheriff’s Office) and the by the state Attorney’s Office in their case to the trial. The statutes provide for the maximum penalties that can be imposed if the accused is found guilty of the crime of first degree felony burglary.

Florida statute defines a burglary as a felony in the first degree when the burglary includes assault or battery on any person; or the accused becomes armed with a deadly weapon or explosive; or there is someone in the dwelling (i.e. home) or structure (i.e.) store at the time and a vehicle is used to commit the burglary (i.e. running car into the home or store) or causes damage over $1,000 to the home, store or other property. If the crime is charged and proven as a first degree felony, then the maximum penalty for a first offenender, as defined by Florida Statutes 775.082 and 775.083 is a term of imprisonment of 30 years and a fine of $10,000.

If you have been charged with burglary as a felony in the first degree, contact a criminal lawyer about your possible options.

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.

In Florida, crimes like burglary must be proven by the State Attorney’s Office to fit the elements of the crime charged. A burglary can be charged in multiple ways, including as a first degree felony all the way to a third degree felony. It is up to the police, like the Jacksonville Sheriff’s Office, to investigate the crime so that evidence can be shown to meet the level of crime charged. Then, the State Attorney’s Office has to prove, beyond a reasonable doubt, that the crime charged was actually committed by the accused.

A burglary can be charged as a second degree felony, in accordance with Florida Statute 810.02(3), and the accused can be found guilty of the crime, if the State can prove that the burglary was done within the following elements:
1. The burglary takes place (meaning to a dwelling, conveyance or structure); and
2. The accused did not become armed with a deadly weapon while committing the burglary; and
3. The accused did not commit an assault or battery while committing the crime; and
4. The burglary was to an occupied or unoccupied dwelling (i.e. home; or
5. Another person was in the structure (i.e. store) when the crime took place; or
6. Someone else was in the conveyance (i.e. car) when the burglary occurred; or
7. The burglary is done to an authorized emergency vehicle.

If these elements can be met by clear and convincing evidence, and you have been charged with burglary, then you should contact a criminal lawyer about your rights and options.

Florida law defines crimes and what their charge is, whether felony or misdemeanor. However, many crimes, like burglary, have different actions that can be committed and the charge change with each depending on the evidence. While Florida may establish the definition of burglary, the elements of the crime go further than the original definition. It is up to the police, like the Jacksonville Sheriff’s Office, to investigate the crime to determine which section of the burglary statute the crime meets so the proper charge can be made.

Florida Statute 810.02(2) defines the charge of burglary as a felony of the first degree if, while committing the burglary, the offender does one of the following:
1. Commits an assault on any one; or
2. Makes an assault on someone; or
3. While in the dwelling, structure or conveyance, becomes armed with a deadly weapon (i.e. a gun) or with explosives; or
4. Makes entry into the occupied or unoccupied dwelling or structure using a motor vehicle in a way that causes damages to the property; or
5. Causes damage in excess of $1,000 to the dwelling or structure or the property inside.

If you have been charged with burglary, then you should speak with a criminal lawyer about your rights and options.

Florida laws are dictated by legislation and what becomes Florida Statute. Florida Statutes are used by State prosecutors (i.e. Angela Corey’s office in Jacksonville, Florida) to define the elements of a crime, like burglary. Elements of a crime are what must be proven by the State, to a jury., to get a conviction for the crime. Evidence is used to show that each element of the crime is met so that the jury can determine whether the State has proven its case beyond a reasonable doubt.

Florida Statute 810.02(1)(b) provides the elements of the crime of burglary. The elements of the crime are as follows:

1. Entering a dwelling, which means that the accused actually, physically entered the residence of someone; or
2. Entering a structure, meaning that the accused physically entered a structure, like a store; or
3. Entering a conveyance, for example, the accused actually got into the vehicle of another; and
4. Entering the dwelling, structure or conveyance with the intent (i.e. having an agenda while there) to commit an offense (i.e. to steal, do damage, etc.); or
5. Entering the place in a hidden or sneaky way and staying there, without permission (i.e. being invited as a guest); and
6. Being in the place intending to commit an offense (i.e. steal, rampage, etc.); or
7. While in the place, commit a forcible felony (i.e. murder, sexual battery, etc. as defined by F.S. 776.08); or
8. Staying there and attempting to commit a forcible felony (i.e. attempted murder, attempted sexual assault, etc.).

If the necessary elements are proven, then the jury may find that the accused is, in fact, guilty of the crime of burglary. Before that happens, you should speak with a criminal lawyer about your possible defenses, rights and options.

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.