In Florida, burglary occurs where a person enters or remains in a dwelling, a structure, or a conveyance with the intent to commit a criminal offense therein. Burglary is a felony offense and carries severe penalties that could include prison and/or probation.

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Burglary of a Structure or Conveyance

A third degree felony punishable by up to five (5) years in Florida State Prison. A structure or conveyance is any enclosed structure such as an office, car, warehouse, school, etc.. In other words, for purposes of this offense it can be anything that is not considered a dwelling (where people reside).

Burglary of a Dwelling

A second degree felony punishable by up to Fifteen (15) years in Florida State Prison.

Burglary with an Assault/Battery or Armed Burglary

Both types are felonies of the first degree punishable by up to thirty (30) years in Florida State Prison. The latter charge carries a minimum mandatory prison sentence of 10-20 years. If the “crime within” is an assault (threat of imminent harm) or a battery (touching without consent), a burglary with assault/battery can and often will be charged by the State Attorneys Office. A common occurrence is where a person is in someone’s home and a verbal argument ensues. If the alleged victim calls the police and advised them that the person came in without consent and pushed them, the person will most likely be arrested regardless of his side of the story and the State Attorney’s Office can file this serious first degree felony subjecting you to 30 years in Florida State Prison.

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