If you’ve been accused of burglary in Sarasota, it’s critical to understand what the charges mean and what you’re up against. Florida law takes burglary charges seriously, and a conviction can carry life-changing penalties—even for first-time offenders. If you’ve been charged with burglar, Anthony G. Ryan, P.A. can help you fight back.
What Is Burglary in Florida?
Under Florida law, burglary occurs when someone enters or remains in a dwelling, structure, or conveyance with the intent to commit a crime inside. Here’s what those terms mean:
- Dwelling: A building with a roof that is intended to be occupied at night, including the immediate surrounding area (curtilage).
- Structure: Any building with a roof, also including the surrounding curtilage.
- Conveyance: Includes motor vehicles, boats, trailers, aircraft, and railcars.
Even if nothing is stolen or broken, entering a property without permission with criminal intent can result in burglary charges.
Examples of Burglary Offenses
Florida law casts a wide net when defining burglary. Examples include:
- Entering a home through an unlocked door to take something
- Hiding in a store after closing to steal merchandise
- Stealing a package from someone’s front porch (“porch piracy”)
- Entering a screened lanai, open garage, or abandoned home and causing damage
Penalties for Burglary in Florida
The severity of a burglary charge depends on the circumstances:
- Burglary of a dwelling:
- Second-degree felony
- Up to 15 years in prison
- $10,000 fine
- Minimum sentence of 21.75 months—even for first-time offenders
- Burglary of a structure or conveyance:
- Third-degree felony
- Up to 5 years in prison
- $5,000 fine
- Burglary with assault, battery, or weapon:
- First-degree felony
- Up to life in prison
Don’t take chances, if you have been charged with burglary of a dwelling, structure, or conveyance, you need to hire a criminal defense lawyer.
Burglary with an Assault or Battery is Punishable by Life in Prison
If a person commits an assault or battery, becomes armed within the dwelling, structure or conveyance, or uses a motor vehicle, other than merely as a getaway vehicle, during the commission of a burglary, then the burglary is a first degree felony punishable by up to life in prison. For example, if two drivers have a road rage incident and one driver gets out of his car and punches the other driver through his open window at a stop light, then the state can charge that person with burglary of a conveyance with an assault or battery, a first degree felony punishable by life in prison. In this scenario, the guy who got out of his car entered the conveyance of another without permission, with the specific intent to commit a misdemeanor battery within the car, when he punched the other driver through the window.
Why You Need a Sarasota Burglary Defense Attorney
Burglary of a dwelling lawyer Anthony G. Ryan will personally examine the facts of your case and begin to evaluate your potential defenses like consent, mistaken identity, alibi or mistake of fact. Mr. Ryan will discuss the pros and cons of taking your case to trial and work hard to minimize the consequences if you decide that fighting it isn’t in your best interest. He will also outline your potential exposure by figuring out how much you score under Florida’s Criminal Punishment Code. If you are the subject of a burglary investigation and have not yet been arrested, Mr. Ryan will discuss whether or not to speak to law enforcement or assert your 5th Amendment right to remain silent. Call him now to discuss your case or better yet, come in for a free consultation.
Anthony G. Ryan, P.A., serves clients throughout Sarasota, Sarasota County, and Manatee County.