Burglary Defense

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Experienced and dedicated, Van Riper Nies trial attorneys are committed to protecting your rights.

Attorney Christian Van Riper as a former prosecuting attorney and as a criminal defense attorney has both prosecuted and defended many burglary cases throughout his career. This unique experience and insight sets Christian apart from other attorneys. 

If you've been arrested for burglary, you may face jail time. A burglary is commmitted when one enters a dwelling (home, etc.), structure or conveyance (such as an automobile) with the intent to commit a crime.  These type offenses range from entry of a person's home to rob it, looking through the back of a parked car for change, breaking into a car to steal electronic equipment, and others. Committing a burglary while carrying a gun is even more serious and can result in a long prison sentence.

Oftentimes, an experienced and proactive criminal defense attorney, by evaluating the evidene and speaking to witnesses, will be able to convince the prosecutor to reduce the charge to a trespass.  Our attorneys are experienced in trying burglary crimes in Florida and are dedicated to defending you in court. 

For a free consultation, call us at 561-962-3130, complete the contact form below or e-mail us at vanriper01@yahoo.com. We are available day and night and on the weekends.
 

 

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FLORIDA BURGLARY STATUTES: 
810.02 Burglary.--

(1)(a) For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b) For offenses committed after July 1, 2001, "burglary" means:

1.Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2.Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.Surreptitiously, with the intent to commit an offense therein;

b.After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2)Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a)Makes an assault or battery upon any person; or

(b)Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c)Enters an occupied or unoccupied dwelling or structure, and:

1.Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2.Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(c) Structure, and there is another person in the structure at the time the offender enters or remains; or

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

History.-- RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84.

810.06 Possession of burglary tools.-- Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-- s. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.

810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty.--

(1)As used in this section, the term "burglary" has the meaning ascribed in s. 810.02(1)(b).

(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-- s. 1, ch. 2003-84.

810.07 Prima facie evidence of intent.--

(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense