The Strong Defense
The Strong Defense
Understanding the 3 types of burglary in Florida
Burglary is a felony offense in Florida. Florida Statutes define burglary as “entering or remaining in a dwelling, structure or conveyance with the intent to commit an offense therein….”
In keeping with this definition, Florida classifies burglary under three categories: dwelling, structure and conveyance.
1. Burglary of dwelling
A dwelling is a residential property. Burglary of a dwelling is a first-degree felony if the offender commits assault or battery inside the residence, possesses a dangerous weapon or explosive, or causes $1,000 or more in damage to the property. Burglary of a dwelling is a second-degree offense if the offender enters a dwelling without harming anyone or anything.
2. Burglary of structure
A structure is a non-residential building, such as a business. Burglary of a structure is a first-degree felony under the same circumstances as burglary of a dwelling. It is a second-degree offense if the offender does not harm anyone or anything but someone is within the structure at the time of the crime or if the offender enters the structure in search of controlled substances. A third-degree offense occurs when no one is present during the burglary.
3. Burglary of conveyance
A conveyance is a motor vehicle. Burglary of a conveyance is a first-degree felony under the same criteria as burglary of a dwelling or structure. It is a second-degree offense if someone is in the vehicle at the time of the burglary or if the offender searches for a controlled substance. The offender commits a third-degree felony if no one is in the conveyance when the crime takes place.
Because Florida defines burglary in multiple ways, it is helpful to understand the classifications and the consequences of each type of burglary.