Police discovered a man who had been stabbed to death after receiving a report of a burglary at an apartment near Winter Park, Florida. Residents called the police to report that someone was trying to break into their apartment. When police arrived they found the suspect in the victim’s home with fatal stab wounds. Police reports have not released many details but police have reported that the residents knew the accused intruder. Police report that the man killed was the suspect in a similar burglary at the apartment that happened earlier in December. In an interesting twist, police recommended that the State’s Attorney’s Office file burglary charges against the deceased suspect. While all the facts are not clear, it is clear law enforcement believe burglary is a serious problem in Florida. If you are facing burglary charges you should understand the possible consequences of a burglary charge under Florida law.
Consequences of a Burglary Conviction
Florida’s burglary laws are confusing and complex. The charges you face depend on the facts of your case and the amount of evidence available to the prosecution. Generally, burglary occurs when an individual enters a dwelling or structure without permission and that individual intends to commit a burglary.
First Degree Felony Burglary of a Dwelling
First degree burglary felony is punishable with up to 30 years in prison. You can be convicted of first degree felony burglary of a dwelling if while entering a dwelling you:
- Assault or batter a victim;
- Arm yourself during the burglary;
- Become armed once you enter;
- Use a car to enter the building and damage it;
- Cause damage during the burglary which exceeds $1,000.
Second Degree Felony Burglary
Second degree felony burglary is punishable with up to 15 years in prison. A suspect is charged with this crime when the property involved is:
- A home or dwelling;
- An occupied structure; or
- An official emergency vehicle.
Third Degree Felony Burglary
If you burglarize a structure that is not a home and the structure is not occupied, then you may only face a third degree felony burglary charge. The charge of Burglary of a conveyance is a third degree felony. A conveyance is defined by Florida statute as any motor vehicle, vessel, ship railroad vehicle or car, trailer, sleeping car or aircraft. This offense is punishable with five years in prison and up to a $5,000 fine.
Let an Attorney Help with Burglary Charges
Similarly to robbery and other theft crimes, a burglary is a that which may cause other to question your integrity for years to come. You will need to disclose your conviction in many areas of life. People do not like the idea that someone in their environment would purposefully enter their home and take items. While you may be able to reform after the crime, the stigma will follow you for life. If you are facing burglary charges contact Moses & Rooth, we understand the nuances of the criminal justice system and can help you with a burglary charge. Contact us today 407-377-0150 to schedule an appointment.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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