Florida Statutes

Burglary

§810.02: A Burglary is the entering of a residence (dwelling), or another structure, or vehicle, with the intent to commit a criminal offense inside.

  • If the premises are open to the public or the person is invited to enter, it is not a burglary unless the person is told to leave and refuses to do so, then commits a crime inside (i.e. theft).
  • If the entered premises is a residence (dwelling), the charge is Burglary of a Dwelling, which is a felony of the second degree, punishable by up to fifteen (15) years in prison.
    • If a person enters in a persons enclosed yard (curtilage) with the intent to commit a crime within (i.e. theft), that can also be charged as a burglary of a dwelling.
  • If the entering is of a car or other structure other than a dwelling, the charge can be Burglary of a Structure/Conveyance, which is a felony of the third degree, punishable by up to five (5) years in prison.
    • If the offense involves any level of violence or the threat of violence or becomes armed by a weapon during the commission of the offense, it can be charged as a Burglary with Assault/Battery or Armed Burglary respectively, both of which are first-degree felonies, punishable by up to life in prison.
      • Burglary with assault/battery is also a non-bondable offense.

Carrying Concealed Weapon/Carrying Concealed Firearm

§790.01/§790.052:

  • A person who carries a weapon that is not in plain view can be charged with Carrying a Concealed Weapon, which is a misdemeanor of the first degree, punishable by up to one (1) year in jail.
  • If the concealed weapon is a firearm, it can be charged as Carrying a Concealed Firearm, which is a third-degree felony, punishable by up to five (5) years in prison.
    • This statute does not apply if a person has a valid license to carry a concealed weapon or a concealed firearm.

Assault/Aggravated Assault

§784.011-784.021:

An assault occurs when there is an intentional, unlawful threat by word or act to do violence to another person with the ability to do so, and which scares that person to believe that such violence is imminent.

  • This offense is a misdemeanor of the second degree, punishable by up to 60 days in the jail.
  • If a weapon is used in the above offense, it can be charged as an aggravated assault, which is a felony of the third degree, punishable by up to five(5) years in prison.

Battery/Felony Battery/Battery on a Law Enforcement Officer/Aggravated Battery

§784.03-784.045:

A battery occurs when you touch someone without their consent or intentionally cause physical harm to another.

  • This offense is a misdemeanor of the first degree, punishable by up to one year in jail.
  • If the unconsented touching causes great bodily harm, permanent disability and/or disfigurement, the offense can be charged as a felony battery, which is a felony of the third degree, punishable by up to five(5) years in prison.
  • If the unconsented touching is on a law enforcement officer such as police, fireman, security guard, the offense will be charged as a battery on a law enforcement officer, which is a felony of the third degree, punishable by up to five(5) year in prison.
  • If the unconsented touching causes great bodily harm, permanent disability and/disfigurement and/or a weapon was used, it can be charged as an aggravated battery, which is a felony of the second degree, punishable by up to fifteen(15) years in prison.
  • Aggravated Battery can also be charged when the unconsented touching is on a pregnant woman, regardless of extent of injury, as long as the person accused knew or should have known of the pregnancy.

Stalking

§784.048

Stalking occurs when a person deliberately and repeatedly follows, harasses, or cyberstalks another person. This offense is charged as a misdemeanor of the first degree, punishable by up to one year in jail.

  • If a person makes a credible threat with the purpose of placing that person in reasonable fear of death or bodily injury or who harasses another person in violation of a previously imposed restraining or stay-away order, the offense can be charged as aggravated stalking, which is a felony of the third degree, punishable by up to five(5) years in prison.

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