Burglary is the criminal act of illegally entering a dwelling, a structure, or a conveyance with the intent to commit a criminal offense while your are present.

Burglary also applies to the following intentional actions:

Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance.
Enter with the intent to commit a criminal offense while they are present.
After permission to remain therein has been withdrawn, with the intent to commit an offense involving forcible entry.

Burglary is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.

Burglary may be a felony of the first degree, punishable by up to imprisonment for a term of years not exceeding life imprisonment, if the burglary offender:

Makes an assault or battery upon any person;
Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon;
Enters an occupied or unoccupied dwelling or structure 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 Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

Burglary may be a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation, if the burglary offender:

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 dwelling, structure, or conveyance; and there is another person in the dwelling at the time the offender enters or remains.

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Melbourne Criminal Defense Attorneys Serving:

Brevard County Florida, including: Melbourne, Titusville, Port Canaveral, Barefoot Bay, Cocoa, Cocoa Beach, Grant, Indialantic, Indian Harbor Beach, Malabar, Melbourne Beach, Melbourne Village, Merritt Island, Micco, Palm Bay, Palm Shores, Port St. John, Rockledge, Satellite Beach, Suntree, Valkaria, Viera, West Melbourne.