Burglary


BURGLARY IN FLORIDA

§810.02, Fla. Stat.

To prove the crime of Burglary, the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant entered a dwelling, structure, or conveyance owned by or in the possession of another person.
  2. At the time of entering the dwelling, structure, or conveyance, the defendant had the intent to commit an offense in that dwelling, structure, or conveyance.

OR

  1. Defendant had permission or consent to enter a dwelling, structure, or conveyance owned by or in the possession of another person, and
  2. Defendant after entering the dwelling, structure, or conveyance, remained therein

      (a) surreptitiously and with the intent to commit an offense inside the dwelling structure, or conveyance, or

      (b) after permission to remain had been withdrawn and with the intent to commit an offense inside the dwelling, structure, or conveyance, or

      (c) with the intent to commit or attempt to commit a forcible felony inside the dwelling structure, or conveyance.

Penalties for Burglary  

Burglary is a felony of the first degree punishable by imprisonment for a term of years not exceeding life imprisonment when the Defendant:

(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c) Enters an occupied or unoccupied dwelling or structure, and:

1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

Burglary of a Dwelling is a felony of the second degree punishable by up to 15 years in prison and a fine not exceeding $10,000.

Burglary of an Unoccupied Structure is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.

Burglary of an Occupied Structure is a felony of the second degree punishable by up to 15 years in prison and a fine not exceeding $10,000.

Burglary of an Unoccupied Conveyance is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.

Burglary of an Occupied Conveyance is a felony of the second degree punishable by up to 15 years in prison and a fine not exceeding $10,000.