Burglary, in Florida, has many components due to the number of ways that a burglary can be committed. Burglary is not just the unlawful entry into someone's home, a store, or there car, but also the crime is charged in the way said crime is actually carried out. Florida Statute 802.10 actually takes into consideration whether there were people present, other than the accused; whether a vehicle was used in committing the crime (e.g. gaining access to the building by running into it with a car); whether the accused became armed while committing the crime, etc. For each component of the case, Florida law indicates whether those components are a first degree felony to a third degree felony burglary. So, what are the penalties for the crime of burglary when the components are a third degree felony charge? First, if the burglary is to a structure (i.e. store) or a conveyance (i.e. car) and there were no actions of assault or battery, then it is a third degree felony. A third degree felony is punishable by a maximum of five years in prison and a fine of nor more than $5,000 for first time offenders. Florida Statutes 775.082 and 775.083 (2010). If you have been charged with a third degree felony burglary, then you should contact a criminal lawyer about your rights and options.
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