The law defines burglary as entering a property intending to commit a crime. It helps to differentiate burglary from robbery, as robbery involves using force or violence to take someone's property.
The Difference Between Burglary and Robbery Charges
Robbery involves threatening violence or using force to take someone's money or property. Burglary involves unlawfully entering a building intending to commit a crime.
Force or Threat
Robbery involves using force or threat while confronting a victim, while burglary does not require a confrontation.
Location
Robbery may happen anywhere, while burglary entails unlawfully accessing and entering a building or conveyance.
Intent
Robbery focuses on taking someone's property by using force or a threat, while burglary is done with the intent to commit a crime.
Degrees of Burglary Charges and Their Potential Penalties
Penalties depend on the severity of the crime. Factors include:
- The type of building or site
- Whether the offender used a weapon
- Whether the crime took place in an occupied residence
- The degree of the crime
Third-Degree Felony
- Description: The least serious burglary charge. It typically involves entering a structure or conveyance with the intent to commit a crime but without a weapon.
- Penalties: Up to five years in prison and a fine of $5,000.
Second-Degree Felony
- Description: Involves entering a structure or vehicle with one or more aggravating factors, such as the intent to steal a controlled substance or burglary of an emergency vehicle.
- Penalties: Up to 15 years in prison and a fine of $10,000.
First-Degree Felony
- Description: The most serious burglary charge. The burglar was armed with a weapon, assaulted or battered someone, used a motor vehicle, or caused more than $1,000 in property damage.
- Penalties: Up to 30 years in prison and a fine of $10,000.
Additional Penalties
- Probation
- Court and related fees
- Loss of the right to vote
- Loss of the right to own a firearm
Statute of Limitations
The statute of limitations for most felony burglary cases is three or four years from the date of the crime. Florida sets no statute of limitations if DNA evidence establishes the offender's identity.
Possession of Burglary Tools
Possession of a tool used to commit burglary may result in a third-degree felony.
Defending Against Burglary Charges
- Permission to be on the premises
- Lack of Intent
- Open to the Public
- Disputing the Definition of the Property
- Challenging Evidence
Contact a Burglary Defense Lawyer
When you face a burglary charge, by retaining the services of a burglary defense lawyer, you will take the first important step toward a more positive outcome.
