Burglary of a Structure in Florida
If accused of Burglary of a Structure in Florida, you need to know the:
- Definition of Burglary of a Structure
- Penalties for Burglary of a Structure
- Defenses to Burglary of a Structure
Definition of Burglary of a Structure
The crime of Burglary of a Structure can be committed in one of two ways:
- Unlawfully entering a structure with the intent to commit a crime inside; or
- Lawfully entering a structure, but then remaining inside the structure either:
- Surreptitiously, with the intent to commit a crime;
- After permission to remain has been withdrawn, with the intent to commit a crime inside; or
- With the intent to commit a forcible felony.
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage.
Penalties for Burglary of a Structure
The penalties for the crime of Burglary of a Structure depend on whether you are charged with:
Burglary of an Occupied Structure
The crime of Burglary of an Occupied Structure in Florida is classified as a Second Degree Felony and is assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Burglary of an Occupied Structure, a judge can impose any combination of the following penalties:
- Up to fifteen (15) years in prison.
- Up to fifteen (15) years of probation.
- Up to $10,000 in fines.
Burglary of an Unoccupied Structure
The crime of Burglary of an Unoccupied Structure is classified as a Third Degree Felony and is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Burglary of an Unoccupied Structure, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Burglary of a Structure
In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Burglary of a Structure include:
Consent
Consent to enter is not an element of Burglary of a Structure, but is an affirmative defense to the crime. A defendant has the burden to offer evidence of consent. But once evidence of consent is presented, the prosecutor must disprove the consent to enter the structure beyond a reasonable doubt. [1]
Consent is usually raised when there are multiple people who exercise control over a structure, one of whom gave you consent to enter. Under that circumstance you cannot be convicted of burglary of a structure just because the other people were unaware of your authorization to enter the structure.
Open to the Public
If an establishment is "open to the public" a person by definition has consensually entered, no matter what the subjective intentions for entering were. As a result, the right to "remain inside" is implied unless the State has proof that the implied consent to "remain inside" was withdrawn. So if you commit a crime inside (such as theft or robbery) you cannot also be convicted of Burglary of a Structure. [2]
Off Limits or Employee Only Area
The "Open to the Public" defense does not apply to an off limits or employee only area of a business and a Burglary of a Structure conviction will be upheld if such an area is entered. [3]
Lack of Intent to Commit a Crime
One of the elements necessary to support a conviction for Burglary of a Structure is the intent to commit a crime inside the structure. Usually this is proven by showing that a person entered the structure stealthily. [4]
However, if a person shows lawful reasons for entering the structure, such as to get out of the rain or to find a place to sleep, a person cannot be convicted of Burglary of a Structure (although a conviction for Trespass to a Structure may be proper).
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Burglary of a Structure in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.