In Florida, a crime is committed when an individual enters a dwelling with an intent to commit a crime inside, without a license or invitation to enter the said dwelling. However, even if the individual has such a license or invitation, if they are asked to leave and refuse to do so with criminal intent, they can still be charged with burglary.
- First-degree burglary conviction: can mean up to 30 years imprisonment and fine of $10,000. A first-degree burglary charge can involve one or more of the following: assault and battery; armed with a dangerous weapon; damages to the structure using a vehicle other than a getaway vehicle; damages to the structure in excess of $1,000.
- Second-degree burglary conviction: can mean imprisonment for up to 15 years and a fine up to $10,000. It does not involve an assault, battery, or deadly weapons, but involves entering or remaining in a dwelling of any kind where a person is present; an authorized emergency vehicle; or a structure with the intent of committing a crime involving a controlled substance.
- Third-degree burglary conviction: can mean up to 5-years imprisonment and a fine of $5,000. It involves entering or remaining in a structure or conveyance that is not a dwelling and where no other person is present.
If you have been charged with burglary, there are several possible defense strategies the law firm of de la Grana | Boardman can employ. We have a record of helping clients reduce burglary charges to petty theft or shoplifting charges employing successful burglary defense strategies.
The legal team at de la Grana | Boardman will aggressively fight on your behalf, call us today at (813) 248-0704.
Taking money or property from another individual without consent and intentionally depriving the person of their money or property is considered a theft crime. For example, shoplifting is a theft crime. However, if a theft is committing with the use of threats, assault, force, or violence it becomes a robbery and carries more serious charges. It Immediate legal representation following arrest is important.
Robbery Convictions and Penalties
Sudden Snatching also known as “Purse-Snatching” or “Pick-Pocketing”
- Stealing a purse or wallet is called “robbery by sudden snatching.” Even without the use of violence, if convicted the offender may receive a 5-year prison sentence and $5,000 in fines. It becomes to a third-degree felony if a weapon is used in the crime.
Robbery with a Deadly Weapon
- When a robbery is committed and involves a deadly weapon (such as a knife or baseball bat), it is charged as a first-degree felony, that is punishable by 30 years imprisonment, with a minimum mandatory sentence of 34.5 months imprisonment and a $10,000 fine.
Robbery with a Firearm
- Using a firearm during a robbery is also carries a first-degree felony charge and minimum mandatory sentence of48 months imprisonment with a maximum sentence of life in prison. A conviction also means lifetime probation, and $15,000 in fines.
- It is a serious crime and is a first-degree felony, with a minimum mandatory sentence of 21 months in prison, with a maximum of 30 years in prison, 30 years probation, and $10,000 fines. When a carjacking involves a weapon, it carries a minimum mandatory sentence of 48 months in prison; however, if the carjacking involves the use of a firearm, there is a minimum mandatory 10-year prison sentence, and if the firearm is discharged during the carjacking minimum mandatory sentence is increased to 20 years in prison.
- Entering a dwelling to commit robbery is a first-degree felony with a minimum mandatory sentence of 34.5 months in prison and maximum 30 years in prison, 30 years probation, and $10,000 fines. The use of a weapon during a home invasion robbery is also a first-degree felony and carries minimum mandatory sentence of 66 months in prison and maximum lifetime sentence.
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