#Burglary of a conveyance full
#Burglary of a conveyance free

The level is then assigned a specific number of points. When a person is arrested for a felony crime, that crime is assigned a certain level as a primary offense. The Florida Department of Corrections released Florida sentencing guidelines in the form of a scoresheet preparation manual. Under Statute 810.02(3)(a), burglary of a structure, when there is another person in the structure at the time the offender either enters or remains, is a felony of the second degree, punishable under Florida Statute 775.082, 775.083, or, if no assault occurs in the commission of the burglary and if the defendant is not armed with a dangerous weapon or explosive, under Statute 775.084.Ĭlick to contact our Florida Criminal Defense today Points Associated with Burglary of an Occupied Dwelling in Florida Generally speaking, however, the punishment for burglary of an occupied dwelling-a second degree felony-is a prison term of not more than 15 years, and a fine of not more than $10,000.įlorida Burglary of an Occupied Dwelling Lawyer Near Me 94 Statute for Burglary of an Occupied Dwelling in Floridaįlorida Statute 810.02-and 810.02(3)(a) specifically-define the circumstances of a burglary in the state of Florida into an occupied dwelling. The exact penalty for burglary of an occupied dwelling will be based on a specific formula which assigns points (discussed in further detail below) based upon the crime itself as well as mitigating circumstances of the defendant.

#Burglary of a conveyance free

It makes no difference whether the defendant actually steals something or commits another crime-the crime of burglary is complete the moment a person enters the occupied dwelling with harmful intent.įor a free legal consultation with a burglary of an occupied dwelling lawyer serving Florida, call 94 Penalties for Burglary of an Occupied Dwelling If evidence exists which shows the defendant entered an occupied dwelling in the middle of the night with a flashlight and a weapon, it tends to show intent to commit a crime. The fact that an occupied dwelling was entered in a manner which did not include knocking on the front door and being invited in, allows a jury to infer the actions of the defendant had criminal intent. It is also not necessary for the Florida prosecutor to prove intent on the part of the defendant. As an example, a person could open a window, and lean in until the jewelry box was in reach. It is important to note that the person who intends to commit a crime in an occupied dwelling, does not necessarily have to have his or her entire body inside the dwelling in order to be found guilty of the crime.

#Burglary of a conveyance full

Full Entry is Not Required and Criminal Intent is Implied As an example, a person is invited to a party while there he sees something he wants, so hides in the closet until everyone has gone to sleep, then takes the item. Further, if the person was initially invited into the dwelling, yet remains behind through deception with an intent to commit a crime, then burglary of an occupied dwelling has occurred. (A young man convinces an elderly woman he needs to use her phone, but actually intends to commit a crime while inside). “ Without permission,” means access was gained either by breaking a door or window, by sneaking in through an unlocked door or window, or by obtaining permission to enter the house with a lie. When a person enters an occupied Florida dwelling without permission from the owner, with the intention of committing a crime, then burglary of an occupied dwelling has occurred. Today, there is seldom a “typical” burglary, however most states, including the state of Florida, punish burglaries of dwellings more seriously, and when the dwelling is occupied, the seriousness of the crime increases even more. Because of this, most of us think of a burglar dressed in black, climbing through a basement window as those in the house sleep peacefully, unaware.

Years ago, the crime of burglary was described as breaking and entering into a home in the dark of night, with an intention of committing a felony. I Was Arrested for Burglary of an Occupied Dwelling in Florida - will I go to Jail?

The Importance of Speaking to an Experienced Florida Criminal Defense Attorney.

Potential Defenses to Burglary of an Occupied Dwelling.Mitigating Circumstances Which Could Decrease Points.Points Associated with Burglary of an Occupied Dwelling in Florida.Statute for Burglary of an Occupied Dwelling in Florida.Penalties for Burglary of an Occupied Dwelling.Full Entry is Not Required and Criminal Intent is Implied.

I Was Arrested for Burglary of an Occupied Dwelling in Florida - will I go to Jail?.