There are 3 basic types of burglary in South Florida: dwelling, structure and conveyance. This is important because where the criminal activity you are being charged with took place will determine the level of felony you are accused of committing. The classification of the property can be challenged with the help of a Miami criminal defense attorney, so it’s important to speak with one as soon as possible after your arrest.
A dwelling is considered a building that is intended for occupation by others as a place for lodging at night. The classification of a dwelling extends to the curtilage, the land and structures surrounding the dwelling, so even if you do not enter the dwelling it may be considered a burglary of a dwelling if you steal items off the lawn or from a tool shed on the property. Burglary of a dwelling is a felony of the 2nd degree.
A structure is a building with a roof that is not used for lodging purposes, such as a warehouse. The classification of a structure also extends to the curtilage just as with a dwelling. Burglary of a structure is a felony of the 3rd degree.
A conveyance is a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. In terms of burglary, you do not have to actually enter the conveyance, as taking apart any portion of the conveyance is considered “entering a conveyance” in the criminal act. Burglary of a conveyance is also a felony of the 3rd degree.
The criminal charges for burglary of any property can be increased to a felony of the 1st degree if you commit assault or battery, are armed at the time of the burglary, or commit the crime during a state of emergency. Because there are so many factors to consider with burglary charges in South Florida, it is important to have an experienced Miami criminal defense attorney on your side.
Contacting a Miami Criminal Defense Attorney
You are entitled to know all your legal rights before being prosecuted for any suspected criminal activity – including your right to legal representation. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the South Florida criminal defense team at Falk & Ross to discuss your case – 877-663-5110.