Orlando Burglary and Trespassing Defense
Burglary of Dwelling; Structure; Conveyance
Burglary originally required the breaking and entering into a structure (usually a dwelling) at night with the intent to commit a felony. Today it has been modified quite a bit to fit the modern world. One thing is universal about burglary - it is a serious crime.
Today, Florida devotes an entire chapter of laws to the subject (CH 810). A burglary occurs when a person enters into a structure (business or dwelling, occupied or not) or a conveyance (car, bus, camper, etc.) with the intent to commit an offense therein.
The penalties vary between the different forms of burglary. Burglary of a dwelling remains the most serious. The penalties can also be enhanced if, for instance, the defendant is also accused of an assault or battery, or arms him or herself with a dangerous weapon, or causes damage. This form of burglary can be charged as a life felony. In Florida, life means life.
Burglary, due to its many forms, can be over-charged and/or can be modified in the plea negotiation process to charges with less severe penalties. This typically depends on the facts.
Types of Burglary
- Burglary of a Dwelling
- Burglary of a Structure
- Burglary of a Conveyance
Enhancements include whether the place is occupied at the time of the burglary and whether any acts of violence occurred during the burglary.
Possession of Burglary Tools
Possessing tools that could conceivably be used in a burglary is a felony. Common burglary tools include spark plugs, tape, gloves, along with more common tools found in most households. Usually this offense is charged when tools are found in close proximity to a person (usually in a vehicle) who is a suspect of a burglary or attempted burglary.
Trespass in Structure or Conveyance
Burglary requires that the person has an intent to commit an offense while inside the structure or conveyance. This can be any offense, misdemeanor or felony. If there is no intent to commit an offense then the crime may only be trespass. Trespass, however, can still be charged as a felony in certain situations.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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