Burglary

Burglary involves the entering or remaining in a home, for example, with the intent to commit a felony inside the home.  Burglary can also be charged by the Federal or State government in relation to other structures or even mobile homes.  Both Federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to LIFE.  Mr.  Petruzzi has represented numerous individuals charged with, or under investigation for, Burglary offenses by both Federal and State authorities.  His experience and knowledge serves as an invaluable asset to his clients.

To arrange for a free and confidential consultation with respect to any Federal or State Burglary offense, contact our office at (305)-770-6550

Federal Burglary offenses are investigated and prosecuted by various agencies, including the FBI, DEA, ATF, Secret Service, Department of Homeland Security, and the Department of Justice.  Some common Federal Statutes criminalizing Burglary include:

18 USC Sec.  2118 –

(a) Whoever takes or attempts to take from the person or presence of another by force or violence or by intimidation any material or compound containing any quantity of a controlled substance belonging to or in the care, custody, control, or possession of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C.  822) shall, except as provided in subsection (c), be fined under this title or imprisoned not more than twenty years, or both, if (1) the replacement cost of the material or compound to the registrant was not less than $500, (2) the person who engaged in such taking or attempted such taking traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate such taking or attempt, or (3) another person was killed or suffered significant bodily injury as a result of such taking or attempt.

Florida Burglary offenses are investigated and prosecuted by various State and Local law enforcement agencies.  Some common Florida Statutes criminalizing Burglary include:

810.02 Burglary.—

(1) (a) For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b) For offenses committed after July 1, 2001, "burglary" means:

1.  Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2.  Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.  Surreptitiously, with the intent to commit an offense therein;

b.  After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.  To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c) Enters an occupied or unoccupied dwelling or structure, and:

1.  Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2.  Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(c) Structure, and there is another person in the structure at the time the offender enters or remains;

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains;

(e) Authorized emergency vehicle, as defined in s. 316.003; or

(f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

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