Petersburg criminal defense lawyer, and former Pinellas county state prosecutor, I have handled countless burglary charges of every degree and offense level, and with every sentencing enhancement Florida has to offer. The point is this: what may seem like relatively benign conduct can result in some extremely severe charges and associated penalties. Entering someone's home or vehicle and removing a firearm from inside may result in a charge of armed burglary, which is also punishable by life. If the accused in this scenario was released from a state or federal prison within three years of committing the burglary/battery, he or she would be facing a prison releasee re-offender enhancement and, therefore, a mandatory life sentence.
If physical contact is made, the defendant may be facing a charge of burglary/battery, which is punishable by up to life in prison. Reaching in to someone's car to hit them during a "road rage" episode (for example) is enough to sustain a charge of burglary to an occupied conveyance, a third degree felony. You should also know that the accused person does not have to make entry into a dwelling or conveyance with his or her entire entire body to be charged with burglary. Thus, a person who makes an unlawful entry into a storage shed without the intent to steal something, but once inside forms the intent to do so, could expect to be charged with trespass and theft as opposed to burglary. It is the fully formed intent to commit a crime at the time of entry that separates a burglary (which is always a felony offense in Florida) from a trespass (which is usually a misdemeanor offense in Florida).
Petersburg Criminal Defenseīurglary is a serious property crime that involves the unlawful entry into (or the remaining inside of) the home, structure, or conveyance of another with the intent to commit a crime therein. Violent Felony Offenders of Special ConcernĮxperienced Burglary Defense Attorney Skilled St.
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