Practice Areas

In the state of Florida there are different degrees of Burglary and Robbery.

Burglary of a structure/conveyance: When an individual enters into a structure or a conveyance without permission and has the intent to commit a felony. For example, if a person commits a grand theft from a vehicle by stealing something of greater than $300 value, this would be the proper charge. This is a third degree felony, punishable by a maximum of 5 years in prison and a $5,000.00 fine. However, if a person is a habitual offender the prison time can be enhanced.

Burglary of a dwelling: When an individual enters into a dwelling of another without permission to be there, and has the intent to commit a felony therein. For example, if a person enters into a house and commits theft of an item with greater than $300.00 in value they commit burglary of a dwelling. This burglary crime is a felony of the 2nd degree, and is punishable by up to 15 years in prison and a $10,000 fine. However, if a person is a habitual offender the prison time can be enhanced in some circumstances to a 30 year minimum mandatory term with a 40 year maximum.

* If a battery is committed during a burglary, the crime then becomes a burglary with a battery, which is punishable by life in Florida State Prison.

Robbery by sudden snatching: When an individual takes an item directly from another person in a manner where the other person is not touched. For example, if a person runs by a woman and quickly grabs a woman’s purse without striking her, a robbery by sudden snatching has occurred. This crime is a 3rd degree felony, punishable by up to 5 years in prison and a $5.000 fine. However, if a person is a habitual offender the prison time may be enhanced.

Strongarm robbery: When an individual uses force in order to commit a theft directly upon another person. For example, if a person walks up to a woman and strikes her, then steals her purse, they have then committed a strongarm robbery. This crime is a 2nd degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, if a person is a habitual offender the prison time may be enhanced.

* If in the course of a robbery a firearm is used, then the defendant could face a maximum of life in Florida State Prison.

If you have been arrested for a burglary or a robbery you should contact one of our experienced Miami or Fort Lauderdale criminal attorneys for a free consultation. Having someone there with you who knows the intricacies of the law is imperative to your proper criminal defense. With long prison terms and heavy fines at stake, call Gilbert and Smallman and find someone you can trust in the Miami and Fort Lauderdale area.