A burglary crime occurs when the accused willingly enters a dwelling, structure, or conveyance owned or in the possession of another, with the intent to commit a crime while in the dwelling, structure, or conveyance.
Florida statues do not require the offender to physically commit a breaking and entering in the course of a burglary crime. One may be charged with burglary if they simply trespass by walking through an open door.
The burden is on the prosecution to show beyond a reasonable doubt that there was intent to commit the crime. If intent cannot be proven to commit a crime other than illegally entering dwelling, structure, or conveyance, a burglary conviction is not supported under Florida law.
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Some of the burglary charges one may commonly face include, but are not limited to:
Third Degree Felony Burglary Charge: burglary of a structure or conveyance: punishable by a maximum of 5 years in prison and a $5,000.00 fine, with potential enhanced penalties for habitual offenders. Involves theft of property or assets which a of $300.00 or greater in value.
Second Degree Felony Burglary Charge: Burglary of a dwelling: punishable by a maximum of 15 years in prison and a $10,000.00 fine, with potential enhanced penalties for habitual offenders. Involves theft of property or assets of $300.00 or greater in value.
If a burglary involves battery as well, the charge may be Burglary with battery which may result in Life Imprisonment in the Florida State Prison System.
Law enforcement and prosecutors take burglary charges very seriously due to the potential harm of the general public and will actively seek to gather any evidence against you which will not only support the burglary charge, but that which may support other criminal charges which will add to the charges which you must defend yourself against.
This serves two purposes: To increase the likelihood of a conviction, or to stack the deck against you so that you feel there is no other choice but to accept a plea, even when you are innocent of the charges against you.