Building Your Defense Against Burglary Unoccupied Charges
Burglary is a felony offense in the state of Florida. According to Florida statute, burglary is a third-degree felony if, during the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive.
These charges can come with serious consequences, and at the Finkelstein Firm, P.A., I have been helping the Clearwater community overcome these charges for years. My name is Jenna Finkelstein, and I understand the complexities of these cases and what is at stake in a conviction.
What Qualifies As A 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.
Depending on the nature of the charges, a burglary can become a third-degree felony under certain conditions, including when the defendant enters or remains in a:
- Structure while there is not another person in the structure at the time that the offender enters or remains
- Conveyance while there is not another person in the conveyance at the time that the offender enters or remains
A conviction for these charges can result in up to five years in prison or five years of probation and a $5,000 fine.
How I May Be Able To Defend You
There are numerous defenses to the crime of burglary, including:
- Mistaken identity
- Permission, invitation or license to enter
- Lack of intent to commit a crime inside
Being accused of a crime such as burglary does not necessarily mean that you are guilty of said crime. There are many factual and legal issues that must be investigated and evaluated. Because of the complexities and penalties associated with a burglary charge, it is imperative that you speak with an experienced criminal trial lawyer right away.
Leave Your Defense To Me
If you or someone you know has been accused of burglary in Pinellas County or the surrounding areas, then it is very important that you contact an experienced attorney immediately. My team of investigators and experts and I are highly experienced in defending crimes, and I will begin building your defense today.
Contact me for a free analysis of your case at my local office, located in Clearwater. Call my firm today at 727-202-4418 or reach out to me online to learn about your legal options if you have been accused of burglary. Start building your defense immediately.