Burglary Charges in Florida

If you are being accused of "burglary" in West Palm Beach or anywhere else in Florida, please understand that burglary is a very serious charge.

A lot of people don't realize what a big deal it is to enter someone else's home or building without their consent, so they enter anyway and end up facing first, second, or third degree felony charges as a result.

In Florida, burglary is covered under Section 810.02 of the Florida Statutes. Under this Section, a person commits the offense of burglary when they:

• Enter a dwelling, building, or conveyance (e.g. a vehicle, bus, airplane) with the intention of committing an offense inside, such as theft or assault, or
• Enter a dwelling, building, or conveyance surreptitiously, to commit or attempt to commit a forcible felony, such as sexual battery, home invasion, or murder.

Under Sec. 810.02, the offense of burglary is a felony of the first degree, if during the course of the offense, the person: committed assault or battery on someone else, was armed with a dangerous weapon (e.g. a knife or gun) or explosives, or used a vehicle to assist in committing the offense and caused more than $1,000 of damage within the residence or structure.

Burglary of the Second Degree

Burglary can be charged as a second degree felony when while committing the burglary, the offender enters a dwelling (residence) or building where there is another person, but does not become armed with a dangerous weapon, and does not physically attack anyone inside the dwelling or structure.

Burglary is a felony of the third degree when the offender enters or remains in a structure or conveyance (not a residence/dwelling), and there is NO other person inside when the offender commits the offense.

A felony of the first degree is punishable by up to life imprisonment, and a fine not to exceed $10,000, whereas a felony of the second degree is punishable by up to 15 years in prison, and up to a $10,000 fine.

Facing burglary charges in West Palm Beach?

As you can see, the state of Florida comes down hard on people who commit burglary. Unfortunately, it's not uncommon for good people to get caught in bad situations and then face first or second degree felony charges for entering someone else's home or building.

If you are facing burglary charges, I urge you to contact me at The Law Offices of Phillip T. Ridolfo, Jr. I am a former prosecutor with over 25 years of experience – reach out today!