Burglary of a conveyance
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The defendant can be charged with possession of controlled substance or possession with intent to sell a controlled substance as well as the burglary.īurglary which would otherwise be a 3rd degree felony will be reclassified as a 2nd degree felony if the burglary is committed while the county is under a state of emergency “and the perpetration of the burglary is facilitated by conditions arising from the emergency.” This could for example include situations where the defendant breaks into a house or car during a riot or civil unrest or when the response of law enforcement is delayed due to the emergency. The defendant breaks and enters or remains without permission in a structure or conveyance with the intent to steal a controlled substance. The defendant breaks and enters or remains without permission inside a structure or conveyance when another person is present. The defendant breaks and enters into a dwelling or emergency vehicle irregardless of whether or not anybody is inside. 2nd Degree Felonyīurglary will be charged as a 2nd degree felony as long as the defendant is not and does not become armed with a dangerous weapon or explosives and does not commit an assault or battery and The defendant causes damage to either the structure or dwelling or property inside in excess of $1,000.īurglary which would otherwise be a 2nd degree felony will be reclassified as a 1st degree felony if the burglary is committed while the county is under a state of emergency “and the perpetration of the burglary is facilitated by conditions arising from the emergency.” This could for example include situations where the defendant breaks into a house or car during a riot or civil unrest or when the response of law enforcement is delayed due to the emergency. This often involves cases where the defendant rams into a house or building with a vehicle. The defendant uses a car, other than just a getaway vehicle, to assist in committing the offense. The defendant either is armed or becomes armed while inside with a dangerous weapon or explosives. The defendant commits an assault or battery. 1st Degree Felonyīurglary will be charged as a first degree felony if The 3rd degree felony is the least serious charge and the first degree felony is the most serious charge. However, depending on the circumstances and the facts of the case, it can either be a 3rd degree felony, punishable by up to 5 years in prison or it can be a second degree felony or even a first degree felony, punishable by life in prison. In fact the jury will be instructed that they are allowed to infer the requisite intent if the defendant entered either without the permission of the owner or occupant or entered in a stealth manner.Īll burglary charges in Florida are a felony. The prosecutor can simply rely on circumstantial evidence to prove intent. The prosecutor does not need to have positive or direct proof that the defendant had the intent to commit a crime while inside. This means that you can be charged with burglary of a conveyance for example if you reach with your hand inside a car window as long as you have an intent to commit a crime. In order to “enter” a structure, dwelling or conveyance under the statute, you do not have to completely enter, it is enough to just have one part of your body inside, such as your hand. A “conveyance” includes any type of car, boat, airplane or railroad car. A “structure” is any type of building, either temporary or permanent, with a roof over it.
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It can also include RVs or anything else designed to have people stay there
![burglary of a conveyance burglary of a conveyance](https://www.westmercia-pcc.gov.uk/app/uploads/2016/09/Police-car.jpg)
What type of burglary and with that how many years in prison you are facing often depends on the facts of the case. If you are charged with burglary in the Tampa Bay area, you can face years and sometimes even life behind bars. Motion to Modify or Terminate Probation in Floridaīurglary is a very serious charge and could even be charged if the prosecution only has a small amount of evidence.