Burglary/Robbery
Florida Statutes Section 810.02 contains elements for the crime of a burglary:
- A person unlawfully enters a dwelling, structure, or conveyance owned by or in possession of another person, with intent to commit an offense in dwelling, structure, or conveyance;
- A person lawfully enters a dwelling, structure, or conveyance with consent of the owner and remains inside surreptitiously with intent to commit an offense.
- Owner withdraws permission for a person to remain inside, and a person remains inside with intent to commit an offense.
- A person remains inside with intent to commit or attempt to commit a forcible felony inside.
The statute defines a dwelling as a building of any kind, whether such building is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with enclosed space of ground and outbuildings immediately surrounding it. A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with cartilage thereof. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
Full entry is not required; the elements of the crime extend to any body part that is in the building or vehicle. A person can face a life sentence and a first degree felony if burglary is accompanied by an assault or battery, dangerous weapon, or if a person enters an occupied or unoccupied structure or dwelling and uses a car as instrumentality other than getaway vehicle to assist in committing offense and damages dwelling or structure or causes damage to dwelling, structure, or property in a dwelling or structure in excess of $1,000.00.
A person can be charged with a second degree felony burglary if there is an assault committed; a person does not have a dangerous weapon; a person enters a dwelling with another person inside and remains there; a person enters an unoccupied dwelling and remains inside; a person enters an occupied structure and remains inside; or if a person enters a conveyance with another person inside and remains there. A person can be charged with a third degree felony burglary if a person enters an unoccupied structure and remains inside or if a person enters an unoccupied conveyance and remains inside.
Some of the possible defenses are consent, permission, or invitation from the owner; innocent or non-criminal intent to enter; lack of proof of identity; mistaken identity; mistake of fact as to whereabouts; implied permission; or inadequate withdrawal of permission. The charge of a burglary is a harshly-prosecuted crime and contains many elements in the statutory language. This kind of a charge can land a person in prison with a life sentence. If you have been arrested for a burglary, contact Stewart Law Firm immediately for your free consultation.
Robbery
Florida Statutes Section 812.13(1)-(2)(a) defines robbery as intentionally and unlawfully taking money or property from another person through the use of force, violence, assault, or threat. Robbery charges can be enhanced if a person possess or uses a firearm or a dangerous weapon.
If a person uses or possesses a firearm in the course of the commission of a robbery, it is a first degree felony level 9. A judge can impose a minimum 48 months in prison absent any downward departure mitigating factors, or a judge can pursue the 10-20-Life enhancement. Florida Statutes Section 775.087(2)(a)(1) states if a person possesses a firearm during a commission of a forcible felony, a person can be sentenced to a minimum of 10 years in prison. If a person uses a firearm, the sentence can be a minimum of 20 years of prison. If a person kills or injures anyone with a firearm, the sentence can be a minimum of 25 years in prison. In addition, a judge can pursue other penalties for a first degree felony such as up to a life in prison or probation and up to $15,000.00 in fines.
If a person uses or possesses a deadly weapon, it is a first degree felony level 8. A deadly weapon is defined as anything that can be used to threaten or used in any way to likely produce death or great bodily harm. A judge can pursue a minimum of 34.5 months absent any downward departure mitigating factors. A judge can sentence a person up to 30 years in prison or probation and up to $10,000.00 in fines.
Robbery by sudden snatching is defined by Florida Statutes Section 812.135 as intentionally and unlawfully taking of money or property from another person’s body. This is a third degree felony level 5. A judge can pursue a sentence up to 5 years in prison or probation and up to $5,000.00 in fines. Possessing a firearm or a deadly weapon will enhance the charge to a second degree felony, which can result in a sentence of up to 15 years in prison and up to $10,000.00 in fines.
A home invasion also constitutes a robbery if a person enters a dwelling with intent to unlawfully take money or property from occupants through the use of force, violence, assault, or threat pursuant to Florida Statutes Section 812.135. This charge is a first degree felony level 8 where a judge can seek 34.5 months minimum sentence in prison absent any downward departure mitigating factors. A judge can seek up to 30 years in prison or probation and up to $10,000.00 in fines. If a firearm or deadly weapon is use, the charge can be enhanced to a first degree felony level 10 with a minimum 66-month sentence in prison with a possible 10-20-Life enhancement.
Some of the possible defenses for a robbery are mistaken identity, false accusation, claim or right to property, or afterthought. The charge of robbery is a forcible felony and carries a serious sentence in prison of up to life. You need to contact Stewart Law Firm as soon as possible for your free consultation.
