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Burglary is a Felony Crime. Burglary means you are breaking into something, such as a car, building, or someone’s house with the intent to commit a crime. You have the intent when breaking into the car, building, or home. So, just going up to the door does not mean you are committing a burglary. That would be a trespass crime. But if you are intending to break into the house and steal, that is a burglary crime.
A burglary can be punishable from a third-degree felony, which is up to 5 years in prison, to up to a first-degree felony, and can be punishable by up to life in prison. So, if you intend to break into someone’s house and punch them, you could go to prison for the rest of your life.
If anyone that had lawful access and lawful authorization to allow you to enter the car, building, or house, then a burglary crime does not apply. If the structure you have entered is after normal working hours and the establishment is supposed to be closed, an employee typically will not have the proper lawful authority to grant you authorization to enter the building.
If an employee gives you access to the building knowingly allowing or facilitating the crime that is committed while you are inside the building, the employee may also be charged as an accessory to the burglary, in addition to other potential crimes.
Michael S. Brown, Esquire has been an attorney in the Orlando area for over 13 years. He was a prosecutor for over 5 years with the State Attorney’s Office in Orange and Osceola County. There, he handled misdemeanor cases, juvenile cases, felony cases, felony violations of probation, and litigated over 20 jury trials.
Mr. Brown left the State Attorney’s Office to become a civil litigator in the areas of foreclosure, breaches of contract, and insurance defense. He has practiced in Courts throughout the State.
Mr. Brown is admitted to practice in every Court in the State of Florida. He is a member of the Florida Bar and all 3 federal courts in Florida.
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