Burglary

People can be charged with burglary if they unlawfully enter any premises with the intent to commit a crime therein. Alleged victims do not have to be present in order for a person to be charged with this criminal offense.

All burglary crimes are felony offenses in Florida. Any person facing these charges needs to understand that a prosecutor’s supposed proof of an alleged offender’s criminal intent in these cases often relies on circumstantial evidence, and a skilled defense attorney may be able to introduce other factors that create a reasonable doubt for juries.

Lawyer for Burglary Defense in Pensacola, FL

Were you recently arrested for the alleged commission of a burglary offense in Florida? It will be in your best interest to immediately contact Terrezza Law for help determining the most efficient ways to get the charges reduced or dismissed.

John Terrezza is criminal defense attorney in Pensacola who handles cases in Escambia County, Okaloosa County, Walton County, and Santa Rosa County. He will provide an honest and thorough evaluation of your case when you call (850) 764-5291 to schedule a free, confidential consultation.

Overview of Burglary Crimes in Escambia County

Florida Burglary Definitions

Florida Statute § 810.02 defines burglary as either:

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 either surreptitiously with the intent to commit an offense therein, after permission to remain therein has been withdrawn with the intent to commit an offense therein, or to commit or attempt to commit an enumerated forcible felony.

The types of premises that burglaries may occur on have different meanings. Under Florida Statute § 810.011, the three possible venues include:

Conveyance — Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car;

Dwelling — A building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof; and

Structure — A building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

Burglary Crimes in Pensacola

Burglary is a third-degree felony punishable by up to five years in prison and/or a fine up to $5,000 if an alleged offender does not make an assault or battery, is not and does not become armed with a dangerous weapon or explosive, and enters or remains in:

An unoccupied structure; or

An unoccupied conveyance.

A burglary offense is a second-degree felony punishable by up to 15 years in prison and/or a fine up to $10,000 if an alleged offender does not make an assault or battery, is not and does not become armed with a dangerous weapon or explosive, and enters or remains in:

An unoccupied dwelling;

An occupied dwelling;

An occupied structure;

An occupied conveyance;

An authorized emergency vehicle; or

Any structure or conveyance when the offense intended to be committed therein is theft of a controlled substance.

Burglary is classified as a first-degree felony punishable by up to 30 years in prison and/or a fine up to $10,000 if, in the course of committing the offense, an alleged offender either:

Makes an assault or battery upon any person;

Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

Enters an occupied or unoccupied dwelling or structure and either uses a motor vehicle as an instrumentality—other than merely as a getaway vehicle—to assist in committing the offense and thereby damages the dwelling or structure, or causes damage to the dwelling, structure, or property within the dwelling or structure in excess of $1,000.

It is important to note that burglary offenses can be upgraded one level (third-degree felonies become second-degree felonies and second-degree felonies become first-degree felonies) if alleged offenders commit these crimes within counties that are subject to a state of emergency declared by the Governor and the perpetration of a burglary is facilitated by conditions arising from the emergency.

Florida Burglary Resources

Auto Burglary Prevention | Pensacola Police Department — The 2015 Semi-Annual Uniform Crime Report released by the Florida Department of Law Enforcement showed that there are more than 1,000 burglaries a year in Escambia County. On this website, you can find tips from the Pensacola Police Department about ways to reduce your chances of becoming the victim of auto burglary.

Pensacola Police Department
711 North Hayne Street
Pensacola, FL 32501
(850) 435-1900

Florida Statute § 810.02 — View the full text of Florida’s burglary statute. You can learn more about the legal definitions of a forcible felony, emergency vehicle, and controlled substance offense. The statute also clarifies reclassification of offenses allegedly committed during a state of emergency.

Find a Lawyer for Burglary in Pensacola, Florida

A conviction for any kind of burglary crime in Florida is a felony offense that can have a lifetime of devastating consequences for an alleged offender. If you have been arrested for any kind of violent crime in Florida, you contact Terrezza Law as soon as possible.

Pensacola criminal defense attorney John Terrezza represents clients accused of theft offenses in such communities as Navarre, Pensacola Beach, Gulf Breeze, and Milton. Call (850) 764-5291 or submit an online contact form to receive a free initial consultation that will let our lawyer review your case and discuss all of your legal options.