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What is the minimum sentence for burglary of an occupied dwelling unarmed?

Fort Pierce, FL |

if i have another felony charge on my record, what is the minimum sentence i can receive?

Attorney Answers 4


  1. It would be a third degree felony. The minimum the state would offer, depending on the prosecutor, would probably be probation, but this would depend on the severity of your other felony charge. I suggest you hire a criminal defense attorney.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


  2. Actually, a Burglary to a Dwelling, occupied or not, is a second degree offense that is level 7 on the scoresheet. Alone with no prior record it scores a minimum of 21 months. That being said, depending on the circumstances, the strength of the case and what departure basis you may have, you may be able to get a lesser sentence in an agreement with the State or with a Departure from the Judge. This is a serious charge that carries a maximum of 15 years. You should consult with a local Criminal Defense attorney to discuss the facts of your specific case and all of your options.


  3. Below is an excerpt from Florida Statute 810.02:

    Burglary is a felony of the third 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)Structure, and there is not another person in the structure at the time the offender enters or remains; or
    (b)Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.


  4. Mr. Fluke is correct, it is a second degree felony. See the statute below:

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