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| Florida Burglary Charges |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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Orlando Florida Criminal Attorney & Orange County DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
Orange County Criminal Defense Lawyer - Burglary Offenses:
These offenses are considered more severe offenses than most crimes, and
in many cases even a first time offender will be sentenced to Jail if found guilty
of these offenses. If you have been charged with burglary you should speak with
an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you.
In many cases, a properly prepared defense will result in either reduced
penalties, reduced charges, or a dismissal of the case. Even in criminal cases
where the evidence of guilt is overwhelming, a proper defense and presentation
of mitigating circumstances can result in significant decreases in penalties the
defendant receives.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding Burglary offenses:
Burglary - involves the act of entering a dwelling, a structure, or a conveyance with the intent to commit an offense
therein, when the premises are not open to the public or the defendant is not licensed or invited to enter. Even if the
defendant is licensed or invited entry, a burglary can be committed by remaining in the dwelling, structure, or
conveyance: surreptitiously, with the intent to commit an offense therein; or after permission to remain therein has
been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony. The
level of offense for a burglary can change depending on the alleged circumstances involved in the individual case.
Stealthy Entry - In a trial on the charge of burglary, proof of the entering or of the attempt to enter such structure or
conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of
entering with intent to commit an offense.
Possession of Burglary Tools - In many burglary cases, an additional offense of possession of burglary tools is
charged. This offense occurs when the Defendant has in his or her possession any tool, machine, or implement with
intent to use the same, or allow the same to be used, to commit any burglary or trespass and is a 3rd Degree Felony
punishable by up to 5 years in State Prison
The following Florida Statutes provide some more information on burglary offenses:
Florida Statute 810.02 - Burglary.
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a
structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the
public or the defendant is licensed or invited to enter or remain.
(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense 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, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, 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.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life
imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the
offender:
(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.
(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in
the course of committing the offense, the offender does not make an assault or battery and is not and does not
become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
(c) Structure, and there is another person in the structure at the time the offender enters or remains;
(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains; or
(e) Authorized emergency vehicle, as defined in s. 316.003.
However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor
under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by
conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency”
means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or
response time for first responders or homeland security personnel. A person arrested for committing a burglary within
a county that is subject to such a state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense
that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
course of committing the offense, the offender does not make an assault or battery and is not and does not become
armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or
(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.
However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor
under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by
conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency”
means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or
response time for first responders or homeland security personnel. A person arrested for committing a burglary within
a county that is subject to such a state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense
that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
Florida Statute 810.06 - Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same
to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 810.061 - Impairing or impeding telephone or power to a dwelling; facilitating or furthering a
burglary; penalty.
1) As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)(b).
(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary
of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling,
impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or
impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 810.07 - Prima facie evidence of intent.
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and
without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time
stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with
intent to commit an offense.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of Altamonte
Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando,
Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County,
Orange County, Osceola County, and Seminole County, Florida.
These offenses are considered more severe offenses than most crimes, and
in many cases even a first time offender will be sentenced to Jail if found guilty
of these offenses. If you have been charged with burglary you should speak with
an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you.
In many cases, a properly prepared defense will result in either reduced
penalties, reduced charges, or a dismissal of the case. Even in criminal cases
where the evidence of guilt is overwhelming, a proper defense and presentation
of mitigating circumstances can result in significant decreases in penalties the
defendant receives.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding Burglary offenses:
Burglary - involves the act of entering a dwelling, a structure, or a conveyance with the intent to commit an offense
therein, when the premises are not open to the public or the defendant is not licensed or invited to enter. Even if the
defendant is licensed or invited entry, a burglary can be committed by remaining in the dwelling, structure, or
conveyance: surreptitiously, with the intent to commit an offense therein; or after permission to remain therein has
been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony. The
level of offense for a burglary can change depending on the alleged circumstances involved in the individual case.
Stealthy Entry - In a trial on the charge of burglary, proof of the entering or of the attempt to enter such structure or
conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of
entering with intent to commit an offense.
Possession of Burglary Tools - In many burglary cases, an additional offense of possession of burglary tools is
charged. This offense occurs when the Defendant has in his or her possession any tool, machine, or implement with
intent to use the same, or allow the same to be used, to commit any burglary or trespass and is a 3rd Degree Felony
punishable by up to 5 years in State Prison
The following Florida Statutes provide some more information on burglary offenses:
Florida Statute 810.02 - Burglary.
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a
structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the
public or the defendant is licensed or invited to enter or remain.
(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense 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, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, 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.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life
imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the
offender:
(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.
(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in
the course of committing the offense, the offender does not make an assault or battery and is not and does not
become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
(c) Structure, and there is another person in the structure at the time the offender enters or remains;
(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains; or
(e) Authorized emergency vehicle, as defined in s. 316.003.
However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor
under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by
conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency”
means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or
response time for first responders or homeland security personnel. A person arrested for committing a burglary within
a county that is subject to such a state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense
that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
course of committing the offense, the offender does not make an assault or battery and is not and does not become
armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or
(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.
However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor
under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by
conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency”
means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or
response time for first responders or homeland security personnel. A person arrested for committing a burglary within
a county that is subject to such a state of emergency may not be released until the person appears before a
committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense
that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
Florida Statute 810.06 - Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same
to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 810.061 - Impairing or impeding telephone or power to a dwelling; facilitating or furthering a
burglary; penalty.
1) As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)(b).
(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary
of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling,
impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or
impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 810.07 - Prima facie evidence of intent.
(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and
without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.
(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time
stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with
intent to commit an offense.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of Altamonte
Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando,
Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County,
Orange County, Osceola County, and Seminole County, Florida.
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Orlando Criminal Defense Lawyer & Orange County DUI Attorney
| Call Today: (407) 648-5255 |
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