What are Conveyance, Dwelling, and Structure?
In the state of Florida, Section 8.10.011(1)-(3) of the Statutes states that a conveyance can include an aircraft, a trailer, a sleeping car, a vessel, a vehicle, a ship, or a railroad car. A dwelling is any kind of building, temporary or permanent, immobile or mobile, with an overhead roof, that is intended to occupy people at night, both inside the dwelling and in any buildings that surround it. Structures are any type of building, temporary or permanent, so long as it has a roof overhead.
Criminal Intent Can Be Inferred by a Jury
One important thing to keep in mind is that your full body does not need to enter the building, structure, or conveyance to count as a burglary. The crime is considered complete as long as criminal intent was present and any part of your body entered the building, structure, or conveyance. If you enter or attempt to enter a building, structure, or conveyance in a secretive manner, criminal intent can be inferred by the jury as well.
What are the Penalties for the Crime of Burglary?
Florida tends to be harsh when it comes to penalties for burglary. Because you are looking at a serious punishment if convicted, it is crucial that you have an experienced defense lawyer on your side from the beginning. As soon as you are charged with burglary or if you think charges may be coming, it is imperative that you seek help from an attorney.
An experienced criminal defense attorney will fight with you and for you to prove your innocence. They will be able to build a strong defense on your behalf. Burglary can be hard to prove in court, so the prosecutor may be willing to offer a plea bargain in exchange for lesser charges. Your attorney will be able to discuss and negotiate with the prosecutor, hopefully landing on a deal that benefits all parties.
In Florida, you can be charged with a first degree, second degree, or third degree felony, depending on the circumstances. If the burglary is accompanied by battery or assault of a person, you are armed upon entry to the building, you use an automobile to damage the structure to gain access, or you cause damage in excess of $1,000. You could be sentenced to life in prison whether or not anyone was in the structure.
If no weapon was used, then you could face a second degree felony with up to 15 years in prison, or 15 years of probation plus fines up to $10,000.
Why Choose LJ Law Group?
If you need a lawyer to represent you for a burglary charge, the attorneys at LJ Law Group will have your back.