(149) How many types of Burglary are there in FL? Michael A Haber Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 2017-03-20

Thank you for asking me “How many types of Burglary are there in FL?”

In FL, burglary is “the unlawful entry into another’s property with the intent to commit a crime therein.”

The most basic form of burglary is an unoccupied burglary of a structure or a conveyance.  This is a 3 degree felony which is rd punishable by up to 5 years in state prison.  If the structure or conveyance is occupied at the time of the burglary then it is a 2nd degree felony, which is punishable by up to 15 years in state prison.
Unoccupied burglary of a residence (as opposed to a mere structure or a conveyance) starts as a 2 degree felony (which is punishable by up nd to 15 years in state prison), but if the residence is occupied then the crime is a 1 degree felony punishable by up to 30 years in state prison. st

If you are armed (whether you had a weapon on you before you entered or even if you arm yourself during the course of the burglary) then the offense, whatever it may have been, will be bumped up one degree (so, for example,  an armed unoccupied burglary of a conveyance will be bumped-up from a 3 to a 2 degree felony, and an rd nd armed occupied residential burglary will jump from a 1 degree felony st to a felony punishable by life in prison).

Similarly, if you commit a crime of violence against another during the course of a burglary (be it an assault, a battery or something more serious) then, just as is the case where you either were or you became armed during the course of the burglary, your burglary will be bumped up one degree due to the violent act. 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
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