Penalties in Florida
The team at Paul J. Donnelly, P.A., believes that it is important that those who are charged with breaking and entering understand that it is a felony to do so and that the act alone is considered to be serious. The most common charges in terms of breaking and entering in Florida are second degree and third degree burglary.
Third degree felony burglary involves an unarmed person breaking and entering into a structure. The maximum sentence is five-year imprisonment and a $5,000 fine. If further actions occur or different circumstances exist, then the charges become more serious.
Second degree felony burglary, that is breaking and entering as a second-degree felony, involves the offender entering or remaining in any of the following:
- A dwelling, occupied or unoccupied
- An occupied structure
- An occupied conveyance
- An authorized emergency vehicle
Also, if someone enters with the intention of stealing a controlled substance, this is a case of second degree felony burglary with the offender being penalized separately for the drug charges.
In Florida the maximum penalties for second-degree felony burglary involving breaking and entering are $10,000 in fines and 15 years in state prison.
Breaking and entering as a first degree felony offense involves accessing a home, structure or other such place and causing damages greater than $1,000 to the structure or dwelling. First degree breaking and entering brings a maximum sentence of 30 years in prison and a fine of up to $10,000.