A person can be charged with armed burglary if in the course of committing a burglary the person arms himself (with a weapon), or becomes armed within the dwelling, structure, or conveyance. Burglary of a Conveyance is a Third Degree felony punishable by up to 5 years in prison.Īrmed burglary is a first degree felony punishable by up to life in prison. Burglary of a Structure is a Second Degree felony punishable by up to 15 years in Florida State Prison.Ī conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Burglary of a Dwelling is a Second Degree felony punishable by up to 15 years in Florida State Prison.Ī structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage. The possible sentence a person may face and the degree of charge will vary depending on if the location that was burglarized was occupied or not.Ī dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage. Burglary by definition is unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside or the lawful entry into a dwelling, structure, or conveyance, but then remaining inside either with the intent to commit a crime or after permission to remain has been withdrawn, with the intent to commit a crime inside or with the intent to commit a forcible felony. In Florida, burglary occurs where a person enters or remains in a dwelling, a structure, or a conveyance with the intent to commit a criminal offense therein. If you have been accused of Burglary, contact Anthony Rickman at The Rickman Law Firm for a free consultation. Rickman has successfully defended clients against burglary accusation that resulted in the reduction, or dismissal of criminal charges. Through his diligent, aggressive, and very thorough representation, Mr. Attorney Anthony Rickman has represented numerous client throughout the state of Florida charged with different varieties of burglary. If you are under investigation for or have been accused of Burglary, it is important that you know your rights and that you hire an experienced and skilled attorney to represent you. A conviction can’t occur simply because other people were unaware of your permission to enter.Burglary is an extremely serious felony offense in the State of Florida. Consent is often used as a defense when more than one person, including the person who gave you permission to enter, uses the dwelling, structure, or conveyance. Yet, once the evidence has been presented, consent must be disproved beyond a reasonable doubt for the defense to fail. You have the burden to prove consent was given after being charged with burglary. Unless the second person acted consciously or specifically said a word that assisted, caused, encouraged, or incited the first person to act, being present isn’t enough to earn a conviction. Law enforcement often charges the second person as an accomplice under the assumption they acted as a lookout for the first person. A common example is entering an abandoned home or building, or a closed business. A bystander defense is usually invoked when two people are walking when one person impulsively decides to perform an illegal activity.
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