Burglary Attorney in Orlando, FL
The burglary statute in Florida covers not only wrongful entries into real property, such as a building or home, but also entries into a conveyance, which can be an automobile, truck, bus, or anything that moves on the highways. Be sure to seek the advice of an experienced Orlando burglary attorney if you have been suspected of this crime.
To prove the crime of burglary, the state must prove the following three elements beyond a reasonable doubt: (1) the defendant entered a structure or a conveyance which was owned by or possessed lawfully by another person, corporation or legal entity; (2) the entry was uninvited and wrongful, and (3) at the time of the entry, the defendant had the fully formed intent to commit a crime inside.
Burglary of a dwelling can be proven in two ways: (1) by entering a dwelling without the permission of the owner, or with intent to commit a crime inside, or (2) by remaining in a dwelling surreptitiously, which means by hiding, after being invited in.
If a defendant enters a dwelling or conveyance without the intent of committing another crime in inside, then it is not a burglary.
It is a burglary of a conveyance if you reach through a window of an automobile and hit someone. In that case, the crime is burglary of conveyance with a battery. It is also burglary of a conveyance if you reach into the open window or open the door of an unlocked car to take a purse or wallet that is inside the car.
For the purpose of punishment, the burglary statutes distinguish between an occupied dwelling and an unoccupied building. Sentencing is enhanced if the burglary is committed in an occupied dwelling, it is further enhanced if the dwelling is occupied at night. Burglary of a warehouse, an unoccupied building, is treated differently in Florida statutes than the burglary of a home.
Burglary is a first-degree felony (punishable by 30 years to life in prison) if, in the course of the offense, a defendant also makes an assault or battery on anyone in the dwelling. It is a life offense if the defendant is armed in the course of committing a burglary.
If you enter a home wrongfully and steal a gun, you can be convicted of a life felony, even if you never intended to use the gun, never displayed the gun, and never involved the gun in the commission of the burglary. Should you be accused of any of these crimes, be sure to seek the advice of a qualified Orlando criminal defense attorney!
Understanding Trespass VS. A Burglary
The crime of burglary has several lesser included offenses. For example, a trespass is a lesser included offense to the charge of burglary. Trespass is simply the wrongful entering upon the property of another. In Florida, to be convicted of burglary, you must have the fully formed intent to commit a crime before you commit the trespass.
Armed burglary means that in the course of committing the burglary, the offender either commits an assault, which is putting someone in fear of an unlawful touching or commits a battery. This is a first-degree felony.
If in the course of committing a burglary a person also arms himself or becomes armed within the structure or conveyance, the charge becomes a life felony.
The statutory term “in the course of committing” covers anything that happens from the entry of the structure or conveyance through flight after the attempt or the actual commission of the burglary.
An armed burglary can be committed with an unloaded firearm. The statute does not distinguish between a loaded, unloaded, and inoperable firearm.
If there is a co-defendant who committed the armed offense, anyone participating in the crime, even if unarmed, can be convicted of armed burglary.
If you have further questions regarding Burglary Offenses, contact the attorneys at Conan and Herman for assistance at (407) 872-3999.