What is Burglary? a property crime that describes the entry or occupation of another's premises with an intent to engage in unlawful activity.  To establish the elements of the offense set by Florida state laws, a prosecutor must show: 1.that the defendant entered the premises 2.Without authorization 3.with a specific intent to carry out a crime. For example: a defendant might have entered a home with the intent to commit theft Florida Burglary Statute Florida Statutes Section (scroll down for sections)

To meet the Burden, the prosecution must prove with 95% certainty:  the defendant entered the premises without authorization.  can also establish a burglary if the defendant initially had permission to enter but remained on the premises after the invitation had expired or had been revoked.

For a successful conviction, the act MUST have occurred at either a:  Dwelling- a place for inhabitation;  Structure- describes a building of any kind that is not designed for inhabitation or occupation; OR  Conveyance- include cars, trailers ships, boats, and other properties  A dwelling may serve as the premises for a burglary regardless of whether anyone was present at the time of the offense.

Defenses to Burglary Charges  Owner consented to the defendant's entry or presence on the property  Premises were open to the public at the time  Defendant lacked intent to commit a crime

Penalties & Sentences  In Florida, the state may prosecute a burglary as a felony in the first degree, second degree, or third degree. – In addition, the prosecutor can establish a first degree felony if the defendant: used a motor vehicle to damage the dwelling or structure;OR caused over $1,000 in damage to the dwelling or structure during the burglary.  If the defendant did not commit assault or battery and did not use a deadly weapon, the state might prosecute the burglary as a second degree felony.

Punishment  The punishment for a conviction depends on the degree of the crime.  third degree felony: - imprisonment for up to five years & $5,000 fine  second degree felony: - 15 years in prison & fine of $10,000 First Degree Felony  first degree felony: - life in prison & up to $10,000 fine  Though state law sets a maximum sentence for each degree of burglary, the Florida Statutes also allow for increased sentences in certain cases where the defendant has a record of prior felony convictions or qualifies as a career criminal as defined by law.