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Burglary of a Dwelling | Melbourne Criminal Defense Lawyer

The crime of Burglary of a Dwelling can be committed in one of two ways:

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    • (b)After permission to remain has been withdrawn, with the intent to commit a crime inside; or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

A dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage.
Regarding the “Entry” requirement, the accused need not place his/her whole body into the dwelling. It is sufficient if the defendant, with the intent to commit a crime, extends any part of his/her body into the dwelling. 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 dwelling 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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The crime of Burglary of a Dwelling in Florida is a Second Degree Felony and is assigned a Level 7 offense severity ranking under Florida’s criminal punishment code. If convicted of Burglary of a Dwelling, a judge is required to impose a minimum prison sentence of 21 months in prison and can also impose up to 15 years in prison, up to 15 years probation, and/or up to a $10,000 fine.

The Canina Law Firm | Brevard County Burglary Defense Lawyer

If you have been arrested or believe that you might be arrested for Burglary of a Dwelling in Brevard County, FL, you should immediately contact an aggressive criminal defense attorney who is experienced in handling these matters. Our firm sets itself apart from others in the level of personal service that we provide. Our attorneys utilize a collaborative, team approach in all of our cases. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With nearly 50 years of combined experience defending against burglary charges throughout Florida, our attorneys will work tirelessly to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County or Central Florida for Burglary of a Dwelling, we want to help you! Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm 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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