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Hire an Experienced Burglary Lawyer in Florida Kevin has been involved with hundreds of cases in Florida.
Kevin has handled hundreds of felony charge cases in Palm Beach County and the local court systems. Most of all, he knows how to defend you against burglary charges successfully.
Burglary Burglary is one of the most serious crimes in Florida, and it can be very confusing for people to understand what exactly constitutes burglary.
Most people think that you are guilty of burglary if you break into a house or building without permission. However, this isn't always true. Many factors will determine whether or not your actions amount to a burglary in the eyes of the law, including whether you entered with the intent to commit a crime inside, how much damage was done while entering, whether anyone saw you enter/leave the property, etc.
Peterford Law, has years of experience dealing with all types of criminal cases in Florida. We know what makes burglary a felony vs. misdemeanor; we work hard to meet your needs as your burglary attorney.
Burglary Defined
In Florida, a burglary can be defined as the act of unlawfully entering a dwelling; structure; or even a conveyance or any combination thereof. Even after permission to occupy has been revoked, unauthorized occupants may continue to live in the dwelling, structure, or conveyance.
Florida Has Three Types of Burglaries
Burglary In A Dwelling
Dwellings are structures or conveyances with roofs intended to be occupied by those living there with the surrounding landscaping.
Penalties for burglary in a dwelling
In Florida, burglary of a dwelling is a second degree felony punishable by 15 to 20 years in prison, 15 to 20 years probation, and a fine of up to $10,000.
Dwelling burglaries are considered second degree felonies, and Florida's Criminal Penalty Code rates them as Level 7 offenses. Suppose there is no ground to issue a downward departure sentence; in that case, any person convicted of burglary in a dwelling must be sentenced to at least 21 months imprisonment, or at most 15 years imprisonment.
Burglary For A Structure
A burglary takes place when an individual unlawfully enters or remains in a structure without permission. A second degree felony is the burglary of an occupied building.
Any building with a roof and surrounding grounds are considered a structure.
Penalties for burglary to a structure
Burglary penalties depend on whether a structure is occupied or unoccupied.
Burglary of an unoccupied structure
Burglary of an unoccupied structure is a third degree felony punishable by up to five years in prison, five years probation, plus a $5,000 fine in Florida.
Florida's Criminal Penalty Code classifies burglary of an unoccupied structure as a Level 4 crime. In the case of a burglary of an unoccupied structure, a judge can impose a maximum five-year sentence.
Burglary of an occupied building
Burglary of an occupied building, a second degree felony in Florida, is punishable by up to 15 years in prison and 15 years probation, as well as a $10,000 fine.
Burglary of an occupied building is a Level 6 crime under Florida's Criminal Penalty Code. A judge may impose probation for burglaries of occupied structures. Nevertheless, a judge may impose a maximum sentence of 15 years of imprisonment.
Burglary Of A Conveyance
Burglary of a conveyance refers to entering, remaining inside, or staying inside a conveyance with the intent to commit a crime. Conveyances can include:
- Vehicles
- Ships
- Vessels
- Railroad cars
- Trailers
- Aircraft
- Sleeping cars
Burglary of conveyances penalties
Penalties for burglary by conveyance depend on the circumstances surrounding the crime.
Burglary of an occupied conveyance
Burglary of an occupied conveyance is Florida's second degree felony, punishable by up to 15 years in jail, a year of probation, as well as a $10,000 fine.
By Florida's Criminal Penalty Code, burglary of an occupied conveyance is classified as a level 7 offense. Burglary in an Occupied Conveyance requires a minimum of 21 months in prison, or if there are no grounds for a downward departure, the maximum of 15 years in prison.
Burglary of an unoccupied conveyance
Burglary of an unoccupied conveyance, Florida's third degree felony, is punishable by up to five years in prison, five years probation, as well as a $5,000 fine.
Burglary of unoccupied conveyance is ranked as a Level 4 offense under Florida's Criminal Penalty Code. Burglary in an Unoccupied Conveyance can bring a probation sentence or a maximum five-year term from a judge.
What Is Considered "Entry"?
Any part of the defendant's body can enter a building, structure, or conveyance. The crime occurs when the defendant extends any part of his body into a building or vehicle with the intent to commit a crime. This entry can also suggest criminal intent to a jury.
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Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of DUI cases and tried over 30 trials to verdict.
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Peterford Law Top Google-Rated DUI & Criminal Defense Attorney in Palm Beach County
Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of criminal cases and tried over 25 trials to verdict. With his extensive experience in criminal and DUI prosecution, Kevin presents a winning argument every time.
25+ Jury Trials
Kevin has tried over 25 cases to verdict. In 2018 he was recognized for handling the most trials in Palm Beach County.
3+ Years Former Prosecutor
Extensive knowledge of the court system which helps provide clients with the best defense possible.
2000+ Cases Handled
As a former prosecutor and now defense attorney, Kevin has been involved with hundreds of cases in Florida.
Kevin Peterford
If you’ve been charged with a felony in Florida, you need solid representation from an experienced felony lawyer. Kevin Peterford can help fight your case, protect your rights, and ensure the best outcome for you.
Defenses For Burglary
There are many ways to defend a burglary offense. A qualified burglary attorney such as Peterford Law should be consulted as soon as possible after the crime.
Possible defenses include:
- Consent, permission, or invitation: This is a defense against burglary. The accused must have entered the area in question and remained there with permission, consent, invitation, or both from the dwelling’s owner, tenant, occupant, structure, conveyance, or building.
- Insufficient evidence to support the identity of the accused
- Innocent with Non-Criminal Intentions: Entering a dwelling or building with intentions unrelated to committing a crime. In certain circumstances, however, the defendant's actions may be considered trespass.
- Mistaken as someone else
- Implied invite to a public building: A business or residence that had been open to the public could be used as consent defense in a burglary case because of an implied invitation. This defense is not available to closed businesses.
- Legitimate presence
- Mistaken permission
- Implied Permission
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Burglary is not an offense to be taken lightly. Start building your defense today with a skilled and experienced burglary attorney . Peterford Law will fight to have your rights protected throughout the legal proceedings. Call or request a consultation now!
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Contact an Attorney
Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of DUI cases and tried over 30 trials to verdict.