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Burglary of a Conveyance in Florida

If accused of Burglary of a Conveyance in Florida, you need to know the:

• Definition of Burglary of a Conveyance
• Penalties for Burglary of a Conveyance
• Defenses to Burglary of a Conveyance

Definition of Burglary of a Conveyance

The crime of Burglary of a Conveyance can be committed in one of two ways:

1. Unlawfully entering a conveyance with the intent to commit a crime inside; or
2. Lawfully entering a conveyance, but then remaining inside the conveyance either:
   1. Surreptitiously, with the intent to commit a crime;
   2. After permission to remain has been withdrawn, with the intent to commit a crime inside; or
   3. With the intent to commit a forcible felony.

A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

Penalties for Burglary of a Conveyance

The crime of Burglary of a Conveyance is a Third Degree Felony and is classified as a Level 4 offense under Florida's Criminal Punishment Coder.

If convicted of Burglary of a Conveyance, a judge can impose any combination of the following penalties:

• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.

Defenses to Burglary of a Conveyance

In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Burglary of a Conveyance include:

Consent

Consent to enter is not an element of Burglary of a Conveyance, but is an affirmative defense to the crime. A defendant has the burden to offer evidence of consent. But once evidence of consent is presented, the prosecutor must disprove the consent to enter the conveyance beyond a reasonable doubt.

Consent is usually raised when there are multiple people who use the conveyance, one of whom gave you consent to enter or use the conveyance. Under such circumstances a defendant cannot be convicted of burglary of a conveyance just because the other people were unaware you were authorizes to enter or use the conveyance.

Open to the Public

A subset of the consent defense, if a conveyance is "open to the public" a person by definition has consensually entered, no matter what the subjective intentions for entering are. As a result, the right to "remain inside" is implied unless the State has proof that the implied consent to "remain inside" was withdrawn. So if you commit a crime inside (such as theft or robbery) you cannot also be convicted of Burglary of a Conveyance.

Off Limits or Employee Only Area

The "Open to the Public" defense does not apply to an off limits or employee only area of a conveyance and a Burglary of a Conveyance conviction will be upheld if such an area is entered.

Lack of Intent to Commit a Crime

One of the elements necessary to support a conviction for Burglary of a Conveyance is the intent to commit a crime inside. Usually this is proven by showing that a person entered the conveyance stealthily.

However, if a person shows non-criminal reasons for entering the conveyance, such as to get out of the rain or to find a place to sleep, a person cannot be convicted of burglary of a conveyance (although a conviction for Trespass to a Conveyance may be proper).

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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