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Burglary is defined by Florida Statute Section 810.02 as someone entering a home, structure, or conveyance owned by or in possession of another person with the intent to commit an offense in that location. Alternatively, burglary could mean a person enters a home, structure, or conveyance legally and remains in that location surreptitiously and with the intent to commit an offense there.

If you’ve been accused of burglary, you could face years in prison and high fines, depending on the circumstances of your case. Make sure you give yourself the best defense possible. Call our skilled Florida theft crimes attorneys at Musca Law. Let us take a look at your case and see what we can do for you.

Get your case started by calling us at (800) 687-2252 or filling out our online formtoday.


The sentence for burglary will depend on a number of different factors, such as the type of structure entered, the manner in which the offense was committed, and the use of any weapons during the burglary. You could be charged with 1st-, 2nd-, or 3rd-degree felony.

1st-Degree Felony

Burglary is a 1st-degree felony if an offender commits an assault or battery upon any person, becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon, or if the defendant enters an occupied or unoccupied structure using a motor vehicle as an instrument in committing the offense. Usually, the last factor involves a person using a car or truck to ram into the side of a building or structure, causing damage to the property in excess of $1,000. This type of offense will usually result in a life prison sentence.

2nd-Degree Felony

A 2nd-degree felony happens if a defendant enters the home of another person and there is another person present in the building apart from the accused. For example, if a person commits burglary at night, and there are people sleeping in the apartment he or she is attempting to rob, it would be considered a 2nd-degree felony. However, even if there isn’t someone in the aforementioned apartment, the defendant could still be charged with burglary. For example, if an offender enters a home used for tax purposes, rather than dwelling, he or she could still be accused of burglary even though no one currently lives in the home. A 2nd-degree felony will result in up to 15 years in prison or 15 years of probation and a $10,000 fine. These burglaries don’t involve assault or carrying a dangerous weapon.

3rd-Degree Felony

A 3rd-degree burglary charge is the least serious and can lead up to 5 years in prison or 5 years of probation. Additionally, a person charged with a 3rd-degree felony might need to pay a penalty of up to $5,000.

Talk to One of Our Skilled Attorneys Today

If you’re being charged with burglary, it’s essential to consult an experienced Florida criminal defense attorney as soon as possible. Theft crimes are prosecuted harshly throughout the state of Florida, and those convicted of serious crimes often have a difficult time finding employment or housing. If you’re facing a burglary or other theft crime charge, don’t hesitate to callMusca Law. We have more than 150 years of combined legal experience to offer your case. Let us see what we can do for you.

Contact us at (800) 687-2252 or fill out our online form to schedule your FREE case consultation today.

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