Overcoming Burglary Of An Occupied Dwelling Charges
Burglary is a felony offense in the state of Florida. It is a second-degree felony if the defendant enters or remains in a dwelling, structure or conveyance but does not commit an assault or carry a dangerous weapon.
At the Finkelstein Firm, P.A., I can help you defend against your charges by exploring all the available options in your case. My name is Jenna Finkelstein, and I proudly represent clients in the Clearwater area. I am ready to help you through your case.
What Qualifies As Burglary?
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.
When The Charges Become A Felony
Burglary is a second-degree felony when:
- The defendant enters or remains in a dwelling
- While there is another person in the dwelling at the same time that the offender enters or remains
- While there is not another person in the dwelling at the same time that the offender enters or remains
- The defendant enters or remains in a structure
- While there is another person in the structure at the time that the offender enters or remains
- The defendant enters or remains in a conveyance
- While there is another person in the conveyance at the time that the offender enters or remains
The consequences of a conviction for these charges include up to 15 years in a Florida state prison. While these charges are serious, there are numerous defenses to the crime of burglary, some of which are listed below:
- Mistaken identity
- Permission, invitation or license to enter
- Lack of intent to commit a crime inside
I will take the time to review the details of your case to determine which options you have in your defense before pursuing the option that is right for you.
Defend Your Future Today
Do not let burglary charges overwhelm you in your criminal defense case. I can keep you focused throughout your case as I guide you to the outcome you deserve. Call me at 727-202-4418 or email my firm here to schedule your free initial consultation today.