Degrees of Burglary Charges and Their Potential Penalties

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.

If police arrest you for a burglary offense, a Miami criminal defense attorney can protect your rights and get you the best possible resolution.

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The Difference Between Burglary and Robbery Charges

While robbery and burglary are frequently confused, they’re not the same. Robbery involves threatening violence or using force to take someone’s money or property. 

On the other hand, burglary involves unlawfully entering a building intending to commit a crime. The offender may or may not intend to steal property, or they may not confront the victim directly.

So, it helps to keep the following factors in mind:

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 when an offender enters a building. So, again, burglary may not involve theft.

Example of Robbery:

A robbery occurs if a person mugs a victim on the street or takes their wallet, threatening them with a weapon.

Example of Burglary:

An example of this crime is breaking into a house or commercial building to steal property or commit another crime when someone isn’t there.

An Example of How You Could Be Charged

States like Florida take burglary seriously.

Below is an example of the penalties for Sunshine State offenders.

Third-Degree Felony

• Description: This is the least serious burglary charge in Florida. It typically involves entering a structure or conveyance with the intent to commit a crime but without a weapon or any violence. The structure is usually unoccupied, and the value of any stolen property is relatively low.
• Penalties: A third-degree felony can result in five years in prison and a fine of $5,000.

Second-Degree Felony

• Description: This charge is more serious than a third-degree felony. It typically involves entering a structure or vehicle with the intent to commit a crime and one or more aggravating factors, such as:
  • The intent is to steal a controlled substance.
  • Burglary of an emergency vehicle.
  • The structure or vehicle was occupied at the time of the burglary.
• Penalties: A second-degree felony is punishable by 15 years in prison and a fine of $10,000.

First-Degree Felony

• Description: This is the most serious burglary charge in Florida. It typically involves entering a structure or conveyance with the intent to commit a crime and one or more aggravating factors, such as:
  • The burglar was armed with a weapon.
  • The burglar assaulted or battered someone during the burglary.
  • The burglar used a motor vehicle to commit the crime.
  • The burglar caused more than $1,000 in property damage.
• Penalties: This felony may be punishable by a 30-year prison term and a fine of $10,000.

Important Considerations

• Enhanced Penalties: If the burglar has prior felony convictions, the penalties for burglary may increase.
• Defenses to Burglary: There are several defenses to burglary charges in Florida, including:
  • Lack of intent.
  • Consent.
  • Mistake of fact.
  • Entrapment.
• Legal Counsel: If you face burglary charges in Florida, speak with an experienced criminal defense attorney. An attorney can evaluate your case and help you determine the best course of action.

Additional Penalties

In addition to imprisonment and fines, a burglary conviction can result in:

• Probation
• Court and related fees
• Loss of the right to vote*
• Loss of the right to own a firearm

Some states prevent you from voting after you’ve completed your sentence, while others will automatically reinstate your rights after serving your sentence. Three states/jurisdictions—Maine, DC, and Vermont—allow you to vote when you’re incarcerated.

Statute of Limitations

The statute of limitations for most felony burglary cases in the U.S. is three or four years from the date of the crime. However, some places, like Florida, set no statute of limitations if DNA evidence establishes the offender’s identity.

Possession of Burglary Tools

Possession of a tool, machine, or device used to commit burglary or trespassing may result in a third-degree felony. This offense, for example, can result in five years imprisonment and a $5,000 fine.

Defending Against Burglary Charges

A skilled criminal defense attorney can develop strategies to challenge the prosecution’s case.

Potential defense strategies include:

• Did the defendant have permission to be on the premises? The lawyer may show that the defendant had permission to be on the property.
• Lack of Intent: An attorney might use this defense to prove there was no intent to commit a crime.
• Open to the Public: This defense may be used to demonstrate that the premises were open to the public.
• Disputing the Definition of the Property: Your lawyer may argue that the property did not meet the legal definition of a dwelling, structure, or conveyance.
• Challenging Evidence: An attorney may collect evidence to counter accusations of assault, battery, or property damage.

The Importance of Legal Representation – Contact a Burglary Defense Lawyer 

If you face burglary charges in Florida, seek experienced legal counsel. An attorney can investigate the facts of your case, gather evidence, and build a strong defense to protect your rights and achieve the best possible results.

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.

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