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Burglary of a Structure | Melbourne Criminal Defense Lawyer

In Florida, The crime of Burglary of a Structure can be committed in one of two ways:

  1. Unlawfully entering a structure with the intent to commit a crime inside; or
  2. Lawfully entering a structure, but then remaining inside the structure either:
    • (a) Surreptitiously, with the intent to commit a crime;
    • After permission to remain has been withdrawn, with the intent to commit a crime inside; or
    • with the intent to commit a forcible felony.

A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage.

Regarding the “Entry” requirement, the accused need not place his/her whole body into the Structure. It is sufficient if the defendant, with the intent to commit a crime, extends any part of his/her body into the structure. In addition, if it can be shown that the accused had possession of property which was recently stolen by means of a burglary, unless the accused is able to satisfactorily explain said possession, may justify a conviction of burglary of a structure if the circumstances of the burglary and of the possession of the stolen property convince the jury beyond a reasonable doubt that the defendant committed the burglary.

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Penalties

The penalties for a conviction of burglary of a structure depend on whether the structure was occupied or unoccupied at the time the crime was committed. Burglary of an Occupied Structure is a second degree felony and is punishable by a maximum of up to 15 years in prison, 15 years probation, and/or a $10,000 fine. Burglary of an Unoccupied Structure is a third degree felony and is punishable by up to 5 years in prison, 5 years probation, and/or $5000 in fines. In Addition, a third degree Burglary of a Structure will be reclassified as a second degree felony if the defendant, while in the course of the burglary, stole any controlled substance from within the structure.

Law Office of Richard G. Canina | Brevard County Burglary Defense Lawyer

If you have been arrested or believe that you might be arrested for Burglary of a Structure in Brevard County, FL, you should immediately contact an aggressive criminal defense attorney who is experienced in handling these matters. At the Law Office of Richard G. Canina, our firm sets itself apart from others in the level of personal service that we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With nearly 40 years of combined experience defending against burglary charges in Florida, our father-son TEAM attorneys will work hard to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County, FL for Burglary of a Structure, we want to help you! Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Law Office of Richard G. Canina proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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