If you have been arrested in the Orlando area for burglary, or a violation of Florida Statute 810.02 you will need experienced representation to defend your case. Burglary is defined by statute as entering or remaining in a structure or conveyance with the intent to commit a crime therein. There are several categories of burglary in Florida.
The first category is Burglary With Assault or Battery under Florida Statute 810.02(2). If you commit a burglary, and during the burglary you commit an assault, a battery or arm yourself with a weapon, it is a first degree felony punishable by up to 30 years in a Florida state prison.
Burglary to a Dwelling is covered under Florida statute 810.02(3). A dwelling usually means a person’s home. If there are people home at the time of the burglary, it is burglary to an occupied dwelling. If there is no one home, it is burglary to an unoccupied dwelling. Whether the dwelling is occupied or unoccupied, the offense is a second degree felony punishable by 15 years in prison.
Burglary to an Occupied Structure, Florida Statute 810.02(3) is a second degree felony. A structure means a building with a roof. If you have been charged with burglary to an occupied structure, the State has accused you of entering a building without permission with the intent to commit a crime while a person or multiple people were in the building. If you are convicted of burglary to an occupied structure you could face up to 15 years in a Florida State prison.
Burglary to an Unoccupied Structure is governed under Florida Statute 810.02(4). In order to prove burglary to an unoccupied structure, the State must show that you entered a building when no one was there in order to commit a crime. Burglary to an unoccupied structure is a third degree felony punishable by up to 5 years in the Florida Department of Corrections.
Burglary to an Occupied Conveyance, Florida Statute 810.02(3) is a fancy way of saying breaking into a car (or a motor home, motorcycle, boat or other motor vehicle) to steal something. Burglary to an occupied conveyance is a second degree felony punishable by 15 years in prison. Burglary to an unoccupied conveyance is defined under Florida Statute 810.02(4) as a third degree felony punishable by up to 5 years in prison.
No matter which burglary offense the State has charged you with, it is a serious accusation and you face serious consequences if convicted. Don’t take a chance. Call the experienced criminal defense attorneys of Finebloom & Haenel at 407-218-6277 anytime. We will give you a free consultation and discuss how our defense team can protect you. Do not delay. Call us now.
