![]() ![]() ![]() If a person uses or possesses a firearm in the course of the commission of a robbery, it is a first degree felony level 9. Robbery charges can be enhanced if a person possess or uses a firearm or a dangerous weapon. Robberyįlorida Statutes Section 812.13(1)-(2)(a) defines robbery as intentionally and unlawfully taking money or property from another person through the use of force, violence, assault, or threat. If you have been arrested for a burglary, contact Stewart Law Firm immediately for your free consultation. This kind of a charge can land a person in prison with a life sentence. ![]() The charge of a burglary is a harshly-prosecuted crime and contains many elements in the statutory language. Some of the possible defenses are consent, permission, or invitation from the owner innocent or non-criminal intent to enter lack of proof of identity mistaken identity mistake of fact as to whereabouts implied permission or inadequate withdrawal of permission. A person can be charged with a third degree felony burglary if a person enters an unoccupied structure and remains inside or if a person enters an unoccupied conveyance and remains inside. A person can face a life sentence and a first degree felony if burglary is accompanied by an assault or battery, dangerous weapon, or if a person enters an occupied or unoccupied structure or dwelling and uses a car as instrumentality other than getaway vehicle to assist in committing offense and damages dwelling or structure or causes damage to dwelling, structure, or property in a dwelling or structure in excess of $1,000.00.Ī person can be charged with a second degree felony burglary if there is an assault committed a person does not have a dangerous weapon a person enters a dwelling with another person inside and remains there a person enters an unoccupied dwelling and remains inside a person enters an occupied structure and remains inside or if a person enters a conveyance with another person inside and remains there. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.įull entry is not required the elements of the crime extend to any body part that is in the building or vehicle. ![]() A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with cartilage thereof. The statute defines a dwelling as a building of any kind, whether such building is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with enclosed space of ground and outbuildings immediately surrounding it.
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