What Is Burglary of a Dwelling?
Florida Statute 810.02
According to Florida Statute 810.02, Burglary of a Dwelling consists of entering a dwelling 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.
Florida Statute 801.011(2) further defines a dwelling as normally being a place people live in like a house, apartment, or mobile home; the dwelling can be mobile or immobile, as long as there is a roof over a lodging that is used for people during the night.
Penalties for Burglary in Florida
Burglary of a Dwelling is typically a 2nd Degree Felony with a maximum sentence of imprisonment for 15 years and a fine of $10,000.
However, Burglary of a Dwelling can be a 1st Degree Felony with penalties of life in prison if the defendant commits Assault or Battery upon any person, becomes armed with explosives or dangerous weapons within the dwelling, or enters an occupied or unoccupied dwelling and uses a motor vehicle as an instrument, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling.
Possible Defenses for Burglary of a Dwelling
Each burglary case is different and it’s important to speak with an experienced burglary defense attorney. Some possible defenses may include:
- Permission – if a person has permission to be at a location, then it’s a possible defense to Burglary.
- Identification – If a Burglary occurs when no one is there, the State sometimes has to prove identification through fingerprints or DNA. This is considered circumstantial evidence. Fingerprints or DNA can show that someone was at a particular location but cannot prove when. In certain cases, this defense can go hand in hand with permission.
- Not having the intent to commit a crime within the premises – If there was no intent to commit a crime, then it cannot be a Burglary. It may be Trespassing, but not Burglary.
Contact an Experienced Orlando Burglary Attorney
If you’ve been charged with Burglary of a Dwelling, you need an attorney who knows what defense strategy will work best for your case. At Frost Law, we have experience handling all types of burglary cases and will build a strong defense for you.
Call us today at 407-670-5569 or contact us on our website for a Free Consultation and a start on your defense.