The defense of consent argues that the resident of a dwelling or structure gave the accused permission to enter. In Florida, there are several defenses to the crime of burglary. It is punishable by any combination of the following penalties: Burglary of a conveyance is a third degree felony in Florida. To enter a conveyance for the purposes of the burglary statute includes taking apart any portion of the conveyance. In Florida, a conveyance means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. However, burglary of an occupied structure, a more severe crime, is a second degree felony, punishable by any combination of the following: Third degree felonies are punishable by any combination of: The penalties for burglary of a structure depend upon whether the structure is occupied or unoccupied.īurglary of an unoccupied structure is a third degree felony.

Burglary of a Structureįlorida law defines a structure as a building, whether temporary or permanent, that has a roof over it, and includes the land surrounding that building. The penalties for burglary vary for the different types of burglary. The three types are: burglary of a dwelling, burglary of a structure, and burglary of a conveyance. There are three types of burglary in Florida, depending on what type of premises the burglary was committed on. Intending to commit a forcible felony (such as kidnapping, aggravated assault, murder, etc.).After permission to be inside has been withdrawn, with the intent to commit an offense inside, or.Surreptitiously, with the intent to commit an offense inside,.Lawfully entering but then remaining in a dwelling, structure, or conveyance:.Unlawfully entering a dwelling, structure, or conveyance with the intent to commit an offense inside, or.

Florida law identifies two ways to commit a burglary: The crime of burglary in the state of Florida means entering or remaining on another’s premises with the purpose of committing a crime inside, even if the crime was not committed.

Burglary of conveyance