Alexander B. Ramey - Miami Traffic Ticket Attorney

Burglary

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KENDALL OFFICE
9995 SW 72nd St.,
Suite 204
Miami, FL 33173 
 
NORTH MIAMI
11730 Biscayne Blvd.,
Suite 203
Miami, FL  33181
 
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7850 NW 146 St.,
Suite 422
Miami Lakes, FL 33016
  Call (305) 598-4490

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Florida Statutes Regarding Burglary

Burglary is a serious crime. If you are charged with burglary call a Criminal attorney as soon as possible.

Burglary is commonly referred to as "breaking and entering." Depending on the circumstances, the penalty can be as little as probation or as serious as life in prison.

If you are charged with burglary is it essential that you get an experienced attorney as soon as possible.


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b.  After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or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

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

(e)  Authorized emergency vehicle, as defined in s. 316.003.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term "conditions arising from the emergency" means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(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.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this subsection, the term "conditions arising from the emergency" means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

Speak to a criminal attorney in Miami Dade today!

WE COVER BREVARD, BROWARD, COLLIER, GLADES, HENDRY, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, MONROE, OKEECHOBEE, OSCEOLA, PALM BEACH, AND ST. LUCIE COUNTIES. IF YOU RECEIVED A TRAFFIC TICKET IN ANOTHER FLORIDA COUNTY CLICK HERE, AND AN ATTORNEY IN THAT COUNTY CONTACT YOU SHORTLY.

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 "I have been practicing law in the area of traffic ticket defense for over ten years. I have defended thousand of clients in Miami and the surrounding areas. Let me defend your traffic ticket." Alexander B. Ramey, Traffic Ticket Attorney

Traffic Ticket Attorney and Traffic Violation Lawyer. Serving Broward, Glades, Indian River,
Lee, Martin, Miami-Dade, Monroe, Palm Beach, and St. Lucie
Counties.