Representation Against Burglary Of A Dwelling, Structure Or Conveyance Charges
Burglary is a felony offense in the state of Florida. Given the severity of the crime, burglary can be considered a first-, second- or third-degree felony, resulting in a wide range of penalties.
No matter what level of charges you are facing, you can find the help you need at the Finkelstein Firm, P.A. in Clearwater. I am attorney Jenna Finkelstein. My extensive experience can help me create a personalized defense strategy against your charges, and I will explain all the details of your case along the way.
What Qualifies As Burglary Charges?
Under Florida Statute §810.02, burglary is committed when a person enters or remains 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. It is important to understand that entry does not require that the person fully enter the dwelling, structure or conveyance. The crime is complete if any part of the body is entered with the intent to commit an offense therein.
As used in this section, Florida Statute §810.011 defines each of the following:
- “Structure” means a building of any kind – either temporary or permanent – that has a roof over it, together with the curtilage thereof.
- “Dwelling” means a building or conveyance of any kind, including any attached porch – whether such building or conveyance is temporary or permanent, mobile or immobile – that has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.
- “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car; “to enter a conveyance” includes taking apart any portion of the conveyance.
Committing any of these offenses can come with considerable consequences.
What To Expect From A Conviction
By representing yourself, you are assuming the risk of facing the worst consequences in your case, including:
- Burglary defined as a first-degree felony can be punishably by life in prison.
- Burglary defined as a second-degree felony can be punishable by a prison sentence of up to 15 years in prison, along with a fine of up to $10,000.
- Burglary defined as a third-degree felony can be punishable by a prison sentence up to five years and a fine of up to $5,000.
My goal as your lawyer is developing the strongest defense I can against your charges, including exploring opportunities like:
- Mistaken identity
- Permission, invitation or license to enter
- Lack of intent to commit a crime inside
If beating your charges in court is not a realistic goal, then I will also look into options such as dismissing your charges or negotiating for reduced sentencing or charges.