Burglary in Florida is defined under Fla. Stat. § 810.02 as entering or remaining in a dwelling, structure, or conveyance without permission, with the intent to commit a crime inside. A burglary charge in Tampa can range from a third-degree felony to a first-degree felony, punishable by up to life in prison, depending heavily on the specific facts of the case. The criminal defense attorneys at Carlson Hayslett, P.A. represent people charged with burglary throughout Hillsborough County and the greater Tampa Bay area.
Potential Penalties for a Burglary Conviction in Florida
Penalties vary considerably based on the circumstances of the alleged offense, and the ranges below reflect statutory maximums rather than a guaranteed outcome in any particular case:
- Third-degree felony: Generally applies to burglary of an unoccupied structure or conveyance and is punishable by up to 5 years in prison and a $5,000 fine.
- Second-degree felony: Generally applies when the dwelling, structure, or conveyance was occupied, or when certain other aggravating circumstances are present, punishable by up to 15 years in prison and a $10,000 fine.
- First-degree felony: Applies when the offender assaults or batters someone during the burglary, becomes armed with a dangerous weapon or explosive while inside, or causes property damage over $1,000, punishable by up to life in prison.
Because these classifications turn on specific facts, such as whether a structure was occupied or whether a weapon was involved, an attorney's review of the police report and evidence is typically the only way to know which classification realistically applies to a given case.
