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Burglary

The offense of burglary is most often committed during the commission of another crime, usually robbery or another theft offense. Being convicted of burglary is a felony offense, which can significantly hinder such civil liberties such as the right to bear arms, the right to vote and certain federal aid money.

Gainesville Burglary Defense Lawyer

If you have been charged with a burglary offense throughout North Central Florida, including Alachua and Ocala, contact Gainesville theft defense attorney Dean Galigani. The Galigani Law Firm will handle your burglary charge with your best interests in mind to help you avoid the harshest penalties of the Florida judicial system. Contact the Galigani Law Firm for a free consultation today at (352) 375-0812.


Florida Definition of Burglary

Burglary can occur when an individual enters or remains in a dwelling, structure, or conveyance in a deceitful manner, without the owner’s consent, and with the intent to commit a crime. Burglary can also occur when permission to remain on the premises has been withdrawn from an individual under Fla. Stat. §810.02.

Structure means any building of any kind that has a roof. The building may be temporary or permanent.

Dwelling means any building or conveyance that has a roof and is designed to be lived in.

Conveyance can mean any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car.


Possession of Burglary Tools

Under Fla. Stat. § 810.06 an individual who has possession of any tool, machine or implement with the intent to commit a burglary can be charged with possession of burglary tools.


Penalties of Burglary in Florida

Burglary can be a classified as a felony of the third degree, felony of the second degree or a felony of the first degree, depending on the circumstances during the commission of the offense.

Burglary is considered a felony of the third degree when an individual enters or remains in a structure or conveyance that is unoccupied and the individual:

  • Does not commit assault or battery, and
  • Is not armed and does not become armed with a weapon.

A felony of the third degree is punishable by up to five years in prison and/or a fine up to $5,000, in accordance with Fla. Stat. §§ 775.082 and 775.083.

Burglary is considered a felony of the second degree when an individual enters or remains in a dwelling, structure or conveyance that is occupied or a dwelling that is unoccupied and the individual:

  • Does not commit assault or battery, and
  • Is not armed and does not become armed with a weapon.

Additionally, if an individual enters or remains in an emergency vehicle or enters or remains in a structure or conveyance with the intent to commit a theft of a controlled substance they can be charged with a felony of the second degree.

Under Fla. Stat. §§ 775.082 and 775.083 A felony of the second degree is punishable by up to 15 years in prison and/or a fine up to $10,000.


Burglary is a felony of the first degree if in the commission of the offense, an individual:

  • Makes an assault or battery up another person,
  • Is armed or becomes armed within the dwelling, structure or conveyance,
  • Uses a motor vehicle to assist in the commission of the offense, and
  • Causes damage in the excess of $1,000.

A felony of the first degree is punishable by up to 30 years and/or a fine up to $10,000.

A possession of burglary tools conviction is punishable by a felony of the third degree, which can carry a sentence of up to five years in prison and/or a fine up to $5,000, consistent with Fla. Stat. §§ 775.082 and 775.083


Burglary vs. Robbery in Florida

Burglary usually occurs when an individual enters or remains in a dwelling or structure whether it is occupied or unoccupied with the intent to commit a crime. The intent of the offender is usually not to harm another person during the crime. A robbery, however, usually involves some form of intimidation towards the victim by violence or threat of violence.


Galigani Law Firm | Florida Burglary Defense Attorney

The Galigani Law Firm provides its legal knowledge to individuals who have been charged with burglary in Florida and the surrounding areas of Alachua County, Marion County, Columbia County and Baker County. Criminal defense lawyer Dean Galigani will work vigorously to help you seek the best possible outcome regarding your alleged burglary offense. Contact the Galigani Law Firm for a free consultation today at (352) 375-0812 or send an online message.