Burglary Charges Under Florida Law

Burglary is a serious felony offense under Florida law. Florida Statute 810.02 defines the offense and establishes different degrees of the charge based on the circumstances, including whether a person was present in the structure and whether a weapon or assault was involved.

Definition of Burglary Under Florida Statute 810.02

Florida Statute 810.02 defines burglary as entering or remaining in a dwelling, structure, or 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.

Three key elements are present in most burglary charges under Florida law:

• Entering or remaining: The defendant entered or remained in the location. A person can commit burglary by remaining inside a location after permission to be there has expired.
• A dwelling, structure, or conveyance: A dwelling is a building used as a human habitation. A structure is any building, not a dwelling. A conveyance includes vehicles, vessels, and aircraft.
• Intent to commit an offense: The defendant must have had the intent to commit an offense inside at the time of entry or remaining. The intended offense does not need to be completed.

Degrees of Burglary and Penalties

Florida Statute 810.02 classifies burglary into three degrees:

• First-degree burglary (life felony): Burglary of a dwelling, structure, or conveyance when, during the commission of the offense, the defendant assaults or batters any person, or is armed or becomes armed with a dangerous weapon or explosive.
• Second-degree burglary (second-degree felony): Burglary of a dwelling, or burglary of a structure or conveyance when another person is present, and there is no assault, battery, or weapon involved.
• Third-degree burglary (third-degree felony): Burglary of an unoccupied structure or conveyance.

A life felony carries a maximum sentence of life imprisonment. A second-degree felony carries a maximum of 15 years. A third-degree felony carries a maximum of five years.

Armed Burglary

When a burglary involves a weapon, the charge is elevated to a life felony under Florida Statute 810.02. Additionally, if a firearm is used during the commission of a burglary, Florida’s 10-20-Life mandatory minimum sentencing provisions under Florida Statute 775.087 may apply, requiring mandatory minimum prison terms based on whether the firearm was carried, discharged, or caused injury.

Burglary and Home Invasion

Florida Statute 810.02 also addresses home invasion robbery, which occurs when a person enters a dwelling with the intent to commit robbery. This offense is classified as a first-degree felony punishable by life imprisonment.

Court Procedures

Burglary charges in Indian River County are prosecuted in the 19th Judicial Circuit Court. Following arrest and booking, the defendant appears at a first appearance hearing and then an arraignment. Felony burglary cases proceed through a pretrial phase, including discovery and motions, before any trial date is set.

Right to Legal Representation

Any person charged with burglary in Florida has the right to legal representation at all stages of the criminal proceeding.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with burglary or a related offense in Vero Beach or Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach,  call 772-WIN-CASE or send an email inquiry.