Burglary & Trespass

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Potential Serious Lifetime Consequences

Being convicted of burglary or trespass to a home, business or car will negatively impact your life forever.

Burglary convictions often carry a mandatory prison sentence. Some convictions preclude employment in children, elder, daycare, education, law enforcement and health care related fields.

Promptly retaining me to pursue every viable criminal defense on your behalf is crucial. Fact finding and witness location immediately post arrest is important to being found not guilty.

Quick Law Review

810.02 Burglary.—

  • (1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
  • (1)(b) For offenses committed after July 1, 2001, “burglary” means:
    • 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
    • 2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
      • a. Surreptitiously, with the intent to commit an offense therein;
      • b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
      • c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

  • (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
    • (a) Makes an assault or battery upon any person; or
    • (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
    • (c) Enters an occupied or unoccupied dwelling or structure, and:
      • 1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
      • 2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

  • (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
    • (a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
    • (b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
    • (c) Structure, and there is another person in the structure at the time the offender enters or remains;
    • (d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains;
    • (e) Authorized emergency vehicle, as defined in s. 316.003; or
    • (f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

  • (4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
    • (a) Structure, and there is not another person in the structure at the time the offender enters or remains; or
    • (b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.
    • However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

810.08 Trespass in structure or conveyance.—

  • (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
  • (2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  • (2)(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  • (2)(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
  • (3) As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

More About Burglary & Trespass

Often the victim is a parent, friend, family member or “ex”. Sometimes a well-worded letter drafted by me explaining your version of the events will cause the prosecutor to “drop” your criminal prosecution.

Often I can convince the police and prosecutor to not prosecute your child as an adult because of mitigating factors.

Affordable Burglary & Trespass Adult & Juvenile Criminal Defense

My burglary fees start at $1,250. My trespass fees start at $750. Juvenile fees may be less. Call now to discuss the facts of your case and my low down, pay-as-you-go fees.

Contact Attorney Robert M. Marasco

Rockledge Law Office

Marasco Law Office
208 Hardee Lane
Rockledge, Florida 32955
(P) (321) 631-3476

Cocoa Law Office

Marasco Law Office
550 South Cocoa Blvd
Cocoa, Florida 32922
(P) (321) 433-3476

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