A defendant has the burden to offer evidence of consent. ConsentĬonsent to enter is not an element of Burglary, but is an affirmative defense to the crime. Under such circumstances, simply being present with the first person is insufficient to convict the second person with burglary or trespass unless the second person consciously did some act or said some word that incited, caused, assisted, or encouraged the first person to commit the illegal act. If caught, law enforcement will often charge the second person who stood by and watched the first person commit the illegal activity as an accomplice, assuming the second person was acting as a lookout.
#Burglary of a conveyance florida defenses trial#
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Burglary include: Bystanderįrequently, when two people (usually juveniles) are walking, one of the people will spontaneously decide to engage in illegal activity, such as entering an abandoned home or a closed business. The penalties for the crime of Burglary depend on which type of Burglary you are charged with: There are three categories of Burglaries in Florida:
Under Florida Statute 810.02, the crime of Burglary is defined as unlawfully entering a dwelling, structure, or conveyance or remaining inside a dwelling, structure, or conveyance surreptitiously or remaining in a dwelling, structure, or conveyance after permission to remain has been withdrawn with the intent to commit a crime inside.
#Burglary of a conveyance florida defenses free#
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with burglary in Florida then contact Matthew Williams now for a free consultation.Burglary in Florida There are three categories of Burglaries in Florida. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. In addition to facing prison time, if you are adjudicated guilty of burglary of a conveyance with a person assaulted then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.Ĭriminal convictions, especially convictions for burglary, carry severe consequences and can never be removed from your criminal record. A person commits burglary of a conveyance with a person assaulted when they unlawfully enter into a conveyance, remain inside a conveyance surreptitiously, or remain inside a conveyance after permission to remain has been withdrawn, with the intent to commit a crime inside, and commit and assault or battery in the process of committing the burglary.Ī conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car.īurglary of a conveyance with a person assaulted is a first-degree felony, meaning it is punishable by up to life in prison, or up to life on probation, and up to a $15,000 fine (you can also get a jail or prison sentence followed by probation and the length of the sentence can always be shorter than life, but the total length of the punishment cannot exceed life). In Florida, burglary of a conveyance with a person assaulted is defined under Florida Statute 810.02(2)(a).
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