Burglary/ Theft

There are a few interesting issues with the Felony of Burglary. First of all, they are charged differently if the person is breaking into a home or dwelling as opposed to just a conveyance, such as a car or store. Using common sense, the Burglary of a Dwelling would obviously be the more enhanced Felony. This is important because of the Scoresheet that is used in Felony Court in Florida. Once a person is accused of a 2nd Degree Felony, like Burglary of a Dwelling, they are automatically “scoring out to prison.”

Another interesting aspect of the Burglary is that you do not have to actually “break in.” As long as you break the invisible plane of the dwelling or conveyance, with the intent to commit a crime therein, it’s a Burglary.

One final point, while normally the “intent to commit a crime therein” is usually a theft, it could be any crime. For example, if you “break in” to hit or strike someone, you’re committing a Burglary with a Battery, which is a Punishable by Life Felony.

Thefts are pretty straight forward, however it’s important to understand that being in possession of a stolen item does not necessarily make you guilty of theft. The State Attorney has the burden of proving that you actually committed or at least took part in the act of the theft.