Burglary laws in Florida are thoroughly complicated, so you are encouragement to speak with a lawyer directly concerning your specific case. In general, under Florida law, burglary is defined as entering a dwelling or structure, without permission or legal right, with the intent of committing a crime. There are three types of Burglary crimes in Florida:
- Burglary of a Dwelling
- Burglary of a Structure
- Burglary of a Conveyance
Burglary of a Dwelling: a Dwelling is 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 of a Structure: A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage.
Burglary of a Conveyance: A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
A burglary may mean hiding in a dwelling, or remaining inside a dwelling after permission to remain has been withdrawn. As always with burglary, there must be an intent to commit an offense inside.
Florida Burglary Penalties
Third Degree Felony Burglary
If the burglary is committed on a structure that is not a dwelling (where someone lives), and the building is not occupied at the time of the offense, you will likely be charged with a third degree felony. A third degree felony is punishable by up to 5 years in prison.
Second Degree Felony Burglary
If burglary occurs in a dwelling, an occupied structure or conveyance, an authorized emergency vehicle (police car, ambulance, fire truck, etc.), or a building where the offense to be committed is the theft of a controlled substance and the accused did not have a weapon and no one was hurt the crime charged is with a second degree burglary. A second degree burglary is punishable by up to 15 years in prison.
First Degree Felony Burglary
A burglary may be of the first degree if the accused: is armed; commits an assault or battery upon another person; uses a motor vehicle to enter, thereby causing damage; or causes damage during the commission of the offense and the damage is valued at more than $1,000. A first degree felony is punishable be up to 30 years in prison upon conviction.