Types of Burglary Charges in Gainesville, Florida
A burglary charge in Gainesville, Florida is a serious felony offense that can lead to prison time, heavy fines, and a permanent criminal record. Under Florida law, burglary generally involves unlawfully entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside.
If you have been arrested or charged with burglary, it is critical to contact an experienced Gainesville criminal defense attorney as soon as possible to protect your rights and future.
Burglary of a Dwelling
A dwelling is any building or conveyance with a roof designed for people to live or sleep in, including the surrounding curtilage.
Burglary of a dwelling occurs when a person:
- Unlawfully enters a dwelling with intent to commit a crime
- Secretly remains inside after entry
- Remains after permission is revoked while intending to commit a crime
Because dwellings are homes, they are treated as highly protected under Florida law and often carry enhanced penalties.
Burglary of a Structure
A structure is any building with a roof, temporary or permanent, and its surrounding curtilage. Unlike a dwelling, it is not intended for overnight lodging.
Burglary of a structure occurs when a person:
- Unlawfully enters a structure with criminal intent
- Secretly remains inside
- Stays after permission is withdrawn with intent to commit a crime
Whether the structure was occupied at the time can significantly increase the severity of the charge.
Burglary of a Conveyance
A conveyance includes vehicles and transportation devices such as cars, trucks, aircraft, boats, railroad cars, trailers, and similar property.
Burglary of a conveyance occurs when a person unlawfully enters or remains in a conveyance with the intent to commit a crime inside.
Burglary Penalties in Florida
Penalties depend on the type of property, whether it was occupied, and the facts of the case.
Structure Burglary
- Unoccupied structure (third-degree felony): up to 5 years in prison, 5 years probation, and a $5,000 fine
- Occupied structure (second-degree felony): up to 15 years in prison, 15 years probation, and a $10,000 fine
Dwelling Burglary
Burglary of a dwelling is typically a second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine. Aggravating factors may increase penalties.
Conveyance Burglary
Burglary of a conveyance is usually a third-degree felony, carrying up to 5 years in prison, 5 years probation, and a $5,000 fine.
Common Defenses to Burglary Charges
Every case is different, and a strong defense depends on the evidence and circumstances.
Lack of Intent
The State must prove intent to commit a crime inside the property. Without intent, a burglary conviction cannot stand.
Consent
If the accused had permission to enter or remain, the entry may not be unlawful. Consent can be express or implied.
Open to the Public
Businesses and public spaces generally allow implied entry. Entering a public location is not burglary unless permission is revoked.
Mere Presence
Simply being present during a burglary is not enough for a conviction. The State must prove knowing participation or assistance.
