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.
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:
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.
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.
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:
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.
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.
Contact the Law Office of Leanna J. SmithWhen you need an honest, dedicated criminal defense attorney to defend you against burglary or trespass charges in DeLand, Daytona Beach, Deltona or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.