According to §810.02 of the Florida Statutes, burglary is considered the entering of a building, whether it is a dwelling, structure or a conveyance with the intent to commit a crime within. Burglary is a first degree felony if a person during the burglary commits an assault or battery upon any person, is armed with a dangerous weapon, or enters into a dwelling while using a motor vehicle as anything other than a getaway vehicle and causing property damage in excess of $1,000 USD. This crime is punishable by up to life imprisonment.
Dwelling in a burglary case refers to an inhabited residence, while a structure refers to things like an office building and a conveyance refers to a car or motor vehicle.
Burglary of a dwelling is a second degree felony and punishable by up to fifteen (15) years in state prison.
Burglary of a structure or conveyance is a third degree felony and punishable by up to 5 (five) years in state prison.
Did not enter home? It does not matter.
Burglary will likely be charged even if a person never enters the actual home. Entering into an enclosed property outside of the home called the curtilage without consent with the intent to commit a crime within can qualify as burglary.
If you or someone you know has been charged with burglary, he/she needs a lawyer now.