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. 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. 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. 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. Under Florida law, burglary of a dwelling is defined as unlawfully entering a residence with the intent to commit an offense inside, highlighting the severity of this crime and the stringent penalties it carries.
“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. (A young man convinces an elderly woman he needs to use her phone, but actually intends to commit a crime while inside). 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. 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. Given the complexities of Florida law regarding burglary charges, consulting an experienced burglary attorney is crucial for anyone facing allegations of burglary of a dwelling, to ensure a knowledgeable and aggressive defense.
Full Entry is Not Required and Criminal Intent is Implied
It is important to note that the person who intends to commit a crime inside 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. As an example, a person could open a window, and lean in until the jewelry box was in reach, demonstrating the intent to commit a crime inside the dwelling. It is also not necessary for the Florida prosecutor to prove intent on the part of the defendant.
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 to commit a crime inside. 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 inside. 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.
Penalties for Second Degree Felony Burglary of 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. 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. Under Florida’s Criminal Punishment Code, burglary can escalate to a first degree felony, punishable by life in prison, especially when it involves assault or battery, being armed, or causing significant damage to the property. In contrast, a basic burglary of an unoccupied structure or conveyance is considered a third degree felony, punishable by up to 5 years in prison and a $5,000 fine, highlighting the full spectrum of potential legal outcomes based on the severity of the offense.
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Florida Statute for Burglary of an Occupied Dwelling
Florida Statute 810.02—and 810.02(3)(a) specifically—define the circumstances of a burglary in the state of Florida into an occupied dwelling. 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. Additionally, this statute clarifies that if during the burglary, the offender commits or attempts to commit a forcible felony, the legal implications intensify, categorizing the act under more severe charges. A forcible felony includes crimes such as assault, battery, and other violent crimes, further delineating the legal thresholds for different degrees of burglary charges.
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Points Associated with Burglary of an Occupied Dwelling in Florida
The Florida Department of Corrections released Florida sentencing guidelines in the form of a scoresheet preparation manual, incorporating Florida’s Criminal Punishment Code. This code plays a crucial role in determining the severity of sentences for felony crimes, including burglary of an occupied dwelling. When a person is arrested for a felony crime, that crime is assigned a certain level as a primary offense under the Criminal Punishment Code. The level is then assigned a specific number of points. Should the defendant score above 44 points, they will be sentenced to time in a Florida state prison for a certain number of months—unless the Judge makes the decision to adjust the number of months downward.
Burglary of an occupied dwelling in the state of Florida is a level seven offense (with level 10 being the most serious crimes) according to Florida’s Criminal Punishment Code. A level 7 offense = 56 points. A prior criminal record can add additional points to that total. A legal status violation will add an additional four points (escape, fleeing, failure to appear, incarceration, pretrial intervention or diversion program, etc.).
If a firearm—semi-automatic or machine gun—was used in the commission of the burglary of an occupied dwelling, an additional 18 or 25 points can be added. Thirty points can be added to the total for a prior serious felony conviction. Enhancements can also add additional points—as an example, if the crime is a criminal gang offense, the points will be multiplied by 1.5.
The computation for prison sentence takes any amount of points over 44, subtracts 28, then multiplies the result by .75 to arrive at the prison sentence in months. If only the offense of burglary of an occupied dwelling were committed and there were no additional points, then 56 – 28 x .75 = 21 months, however if the total amount of sentence points (in this case, 56) are less than 60, the court may place the defendant in a treatment based drug court program rather than send him or her to prison.
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Mitigating Circumstances Which Could Decrease Points
As noted, the judge in the case has some discretion regarding the number of months of prison according to the calculations. Some of these mitigating circumstances include:
- The defendant was only an accomplice in the crime;
- The defendant played a relatively minor role in the crime;
- The defendant had a mental disorder;
- The defendant should be sentenced as a youthful offender;
- The defendant acted under duress;
- The defendant cooperated with the state of Florida to solve another crime;
- The defendant committed the offense in an unsophisticated manner;
- The offense was an isolated incident for which the defendant has expressed remorse;
- At the time the offense was committed, the defendant was not old enough to appreciate the consequences of his or her actions;
- There is a legitimate, non-coerced plea bargain in place;
- The defendant is amenable to a post-adjudicatory, treatment-based drug court program and is qualified to participate in said program, or
- The defendant was making a good-faith effort to obtain or provide medical assistance for an individual with a drug-related overdose.
Potential Defenses to Burglary of an Occupied Dwelling
As you can see, you could be sentenced to a significant amount of prison time if convicted of burglary of an occupied dwelling in the state of Florida. Establishing ‘reasonable doubt’ regarding the defendant’s intent to commit a burglary is crucial, as the state must prove beyond a reasonable doubt various conditions and intent related to the charge. Additionally, ‘prior crimes’ can significantly impact the defense strategy and potential sentencing, highlighting the importance of legal representation in these cases. There are a number of defenses which may apply in your particular case—only your Florida criminal defense attorney can determine which defense will provide you the best chance for a positive outcome. Some of the common burglary defenses include:
- You had permission to be in the home, or were invited in;
- There is insufficient proof that the person who committed the crime was actually you;
- You were under the mistaken belief you had permission from the owner to be in the dwelling;
- You had implied permission to be in the building;
- There is a mistake of fact as to your whereabouts, or
- There was inadequate withdrawal of permission for you to be in the occupied dwelling.
The Importance of Speaking to an Experienced Burglary Attorney in Florida
As you can see, charges for burglary of an occupied dwelling in the state of Florida are extremely serious, and could land you behind bars for a significant amount of time. You should absolutely not remain unrepresented when facing such a harshly prosecuted charge. The attorneys at The Law Place can help you understand the laws associated with the crime of burglary of an occupied dwelling, explaining how your case is likely to fare in court.
Most of all, we are committed to protecting your rights, and obtaining the best possible outcome on your behalf. To support you through this challenging time, we offer a free consultation to discuss your case, leveraging our expertise in burglary defense to provide personalized support and an aggressive defense strategy.
FAQ – Florida Burglary of an Occupied Dwelling Lawyer
What Constitutes Burglary of an Occupied Dwelling in Florida?
Burglary of an occupied dwelling involves unlawfully entering a building where people are lodging or remaining inside a structure with the intent to commit a crime. This includes motor vehicles, railroad vehicles, and even attached porches. The presence of occupants during the burglary can significantly impact the severity of the charges.
What Are the Potential Penalties for Burglary of an Occupied Dwelling?
Potential penalties for burglary of an occupied dwelling are severe, especially under aggravating circumstances. A first offense can result in up to fifteen years in prison, along with hefty fines. The minimum sentence depends on the specifics of the case, including the presence of occupants and the nature of the intended crime.
How Does an Unoccupied Dwelling Differ from an Occupied One in Burglary Cases?
An unoccupied dwelling refers to a building or structure where no people are present during the burglary. While still a serious offense, burglary of an unoccupied dwelling generally carries lighter penalties compared to an occupied dwelling due to the absence of direct risk to occupants.
What Is Considered an Affirmative Defense in Burglary Cases?
An affirmative defense in burglary cases involves presenting evidence that justifies or excuses the defendant’s actions, potentially negating criminal liability. For instance, proving that the person entered with permission or lacked intent to commit a crime inside the dwelling could serve as an affirmative defense.
What Is the Prosecution’s Case in a Burglary Charge?
The prosecution’s case in a burglary charge must prove beyond a reasonable doubt that the defendant unlawfully entered or remained inside the dwelling with intent to commit a crime. This often involves presenting evidence of forced entry, intent, and the presence of occupants if applicable.
How Important Is the Surrounding Curtilage in Burglary Cases?
The surrounding curtilage, which includes the area immediately surrounding a dwelling such as an attached porch, is crucial in burglary cases. Entry into these areas with criminal intent can also result in burglary charges, emphasizing the importance of securing the entire property.
Can Burglary of a Sleeping Car or Motor Vehicle Be Considered Burglary of a Dwelling?
Yes, burglary of a sleeping car, motor vehicle, or railroad vehicle where people are lodging can be considered burglary of a dwelling. The key factor is whether the place is used for lodging, which elevates the severity of the charge due to the potential risk to occupants.
What Should I Do If I Am Accused of Burglary?
If you are accused of burglary, it is crucial to seek legal representation immediately. People accused of such crimes should contact a law office with extensive experience in handling burglary cases. An attorney can help develop a strong defense, challenge the prosecution’s case, and work towards reducing or dismissing the charges.
What Is Simple Burglary?
Simple burglary typically refers to unlawfully entering a structure with intent to commit a crime but without the presence of occupants or aggravating factors. This charge is generally less severe than burglary of an occupied dwelling but still carries significant legal consequences.
Why Is It Important to Hire an Experienced Attorney?
Hiring an experienced attorney is vital due to the complexity of burglary cases. Lawyers with extensive experience and combined experience in criminal defense can effectively navigate the legal system, protect your rights, and provide the best possible defense.
What Are the Steps Involved in Defending Against a Burglary Charge?
Defending against a burglary charge involves several steps, including investigating the incident, gathering evidence, examining the prosecution’s case, and identifying potential affirmative defenses. An experienced attorney will guide you through each step, ensuring that all legal avenues are explored.
What Are the Potential Consequences of a Burglary Conviction?
A burglary conviction can result in severe consequences, including lengthy prison sentences, fines, and a permanent criminal record. The severity of the consequences often depends on factors such as the presence of occupants, the nature of the intended crime, and any prior criminal history.
Can a Burglary Charge Be Reduced or Dismissed?
Yes, a burglary charge can potentially be reduced or dismissed, particularly if there are weaknesses in the prosecution’s case or strong affirmative defenses. An experienced attorney will work to identify these opportunities and advocate for the best possible outcome.
How Does Florida Law Define ‘Remaining Inside’ in Burglary Cases?
Under Florida law, ‘remaining inside’ refers to staying within a dwelling surreptitiously or without permission after initially entering lawfully. This can still result in a burglary charge if there was intent to commit a crime during the unlawful stay.
How Can Aggravating Circumstances Affect My Case?
Aggravating circumstances, such as the use of a weapon, causing injury, or targeting vulnerable individuals, can significantly increase the severity of the charges and potential penalties. These factors often result in harsher sentences and require a robust defense strategy.
Call The Law Place Today if you are facing Charges!
Facing a burglary of an occupied dwelling charge in Florida is a serious matter with potentially life-altering consequences. Navigating the complexities of the legal system requires the expertise of a skilled criminal defense attorney. At The Law Place, our team has extensive experience and a deep understanding of Florida’s burglary laws. We are dedicated to providing robust defense strategies tailored to your unique situation.
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If you or a loved one is facing a burglary charge, don’t hesitate to seek professional legal assistance.
Contact The Law Place for a free consultation. Our experienced attorneys will evaluate your case, explain your legal rights, and work tirelessly to achieve the best possible outcome.
