DeLand Criminal Defense Attorney for Burglary or Trespass Charges

If you have been charged with a burglary or trespassing crime in DeLand, Deltona, Daytona Beach, DeBary, Orange City or any other Volusia County area, criminal defense attorney Smith can help. For a thorough case evaluation and to learn more about how our lawyers can help to lessen or even drop burglary or trespassing charges against you, please contact law our office today.

Burglary Crimes in Florida

Burglary

Under Florida Statute 810.02, “Burglary” means entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or Notwithstanding a licensed or invited entry, remaining in a dwelling, structure or conveyance:

• surreptitiously, with the intent to commit an offense therein;
• after permission to remain therein has been withdrawn, with the intent to commit an offense therein; OR
• to commit or attempt to commit a forcible felony as defined in s. 776.08.

A dwelling is considered a building or conveyance of any kind that has a roof over it, and is designed to be occupied by people lodging within at night. A structure is considered a building of any kind, either temporary or permanent, that has a roof over it. A conveyance is considered any motor vehicle, ship, vessel, railroad car or vehicle, a trailer, aircraft, or a sleeping car.

Penalty: burglary crimes in Florida are considered a felony offense, and the severity of the penalty depends on several things. If the offender makes an assault or battery upon any person, or, if the offender is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon, or, if the offender causes damage to the dwelling or structure, or to property within the dwelling in excess of $1,000 then burglary is a felony of the first degree and the offender can receive life in prison. If none of the above criteria are met, then the type of burglary committed determines the severity of the penalty.

• Burglary of a Dwelling: Under Florida Statute 810.02(3), “Burglary of a Dwelling” is considered a felony of the second degree in the state of Florida, whether there is another person in the dwelling at the time the offender enters or not. This can be accompanied by up to 15 years in prison and a $10,000 fine.
• Burglary of a Structure: Under Florida Statute 810.02(4)(a), “Burglary of a Structure” depends on whether or not the building was occupied during the time the crime was committed. If the structure was occupied during the burglary, it is considered a felony of the second degree, with up to 15 years imprisonment and a $10,000 fine. If the structure was unoccupied during the burglary, it is considered a felony of the third degree, with up to 5 years imprisonment and a $5,000 fine..
• Burglary of a Conveyance: Under Florida Statute 810.02(4)(b), “Burglary of a Conveyance” depends on whether or not the conveyance was occupied during the time that the crime was committed. If the conveyance was occupied during the burglary, it is considered a felony of the second degree, with up to 15 years imprisonment and a $10,000 fine. If the conveyance was unoccupied during the burglary, it is considered a felony of the third degree, with up to 5 years imprisonment and a $5,000 fine.

Possession of Burglary Tools

Under Florida Statute 810.06, “Possession of Burglary Tools” is defined as possessing any tool, machine, or implement with the intent to use the same, or allow the same to be used, to commit any burglary or trespass.

Penalty: those who are found guilty of possessing burglary tools are guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which can include up to five years in prison and up to $5,000 in fines.

Trespass Crimes in Florida

Trespass on Property

Under Florida Statute 810.09, “Trespass on Property Other Than Structure or Conveyance” is committed when a person who is not authorized, licensed or invited willfully enters or remains on any property other than a structure or conveyance despite actual communication, posting, fencing, or cultivation restricting entry; or a person who willfully enters or remains on the unenclosed curtilage of a dwelling without being authorized, licensed, or invited with the intent to commit a crime.

Unenclosed curtilage is considered unenclosed land or grounds, including any outbuildings that are directly and intimately adjacent and connected to the dwelling, and used in connection with the dwelling.

Penalty: trespassing on a property other than a structure or conveyance is a misdemeanor in the first degree, which can include up to 1 year in jail and up to $1,000 in fines.

A trespassing crime can be a felony of the third degree, which can include up to five years in jail and up to $5,000 in fines if one of the following criteria are met:

• The accused is armed with a firearm or dangerous weapon during the commission of the offense;
• The property is a construction site greater than 1 acre in area and duly posted as a construction site
• The property is one acre or less in area and duly posted as a designated construction site in letters not less than 2 inches in height;
• The property is posted as a designated commercial property for horticulture product;
• The property is posted as a designated an agricultural site for testing or research purposes;
• The property is a domestic violence center posted as a designated restricted site;
• The trespasser attempts to take an animal, or kills, attempts to kill or endangers an animal or propels or causes to be propelled any potentially lethal projectile across private land without permission;
• The property is posted as an agricultural chemicals manufacturing facility; or
• The property is posted as a designated operational area for an airport.

Trespass on School Grounds

Under Florida Statute 810.097, “Trespass on School Grounds” is defined as any person who does not have legitimate business on the campus, or any other authorization, license, or invitation to enter or remain on school property, or property owned by any such school. This includes students who are currently serving suspension or who have been expelled.

Penalty: trespass on school grounds in the state of Florida is punishable by a misdemeanor of the second degree, which can be accompanied by up to 60 days in jail and up to $500 in fines.

If the accused trespasser was armed with a firearm or deadly weapon, the crime can be enhanced to a felony of the third degree, which can be accompanied by up to five years in jail and up to $5,000 in fines.

Trespass in a Structure or Conveyance

Under Florida Statute 810.08, “Trespass in a Structure or Conveyance” is defined as someone who willfully enters or remains in a structure or conveyance without being authorized, licensed, or invited; or who has been authorized, licensed, or invited and is warned by the owner, lessee, or authorized person to depart and refuses to do so.

Penalty: to trespass in a structure or conveyance is a misdemeanor of the second degree, which can include up to 60 days in jail and up to $500 in fines.

If the structure or conveyance was occupied during the trespass, the penalty can be enhanced to a misdemeanor of the first degree, which can include up to 12 months in jail and up to $1,000 in fines.

If the accused was armed with a firearm or deadly weapon during the trespass of a structure or conveyance, the penalty can then be enhanced to a felony of the third degree, which can be accompanied by up to five years in jail and up to $5,000 in fines.