Criminal charges involving vehicles can be more complicated than they seem at first glance. One such charge is burglary of conveyance, a legal term often misunderstood by those facing allegations. While it might sound like auto theft, it refers to something different—entering a vehicle without permission and with the intent to commit a crime, usually theft. This charge can apply even if the vehicle is unlocked or nothing was taken.
If you or someone you care about has been accused of this offense, it’s essential to understand what’s at stake and how Florida law treats these situations. What is burglary of conveyance? It’s a serious accusation that requires a serious legal response. At Hager & Schwartz, P.A., we work with individuals in Daytona Beach who are navigating the challenges of a burglary of conveyance charge and need experienced legal guidance.
Contact us for a confidential consultation to discuss your options.
What Is Burglary of a Conveyance in Florida?
Under Florida Statutes § 810.011, a conveyance refers to any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. In simpler terms, it’s a broad category that includes cars, trucks, boats, and similar modes of transportation. Burglary of conveyance occurs when someone unlawfully enters one of these conveyances intending to commit a crime, most often theft.
According to Florida Statutes § 810.02, this offense does not require forced entry. A person can be charged even if the vehicle was unlocked or if they entered without breaking anything. The law also applies when someone hides inside a conveyance or remains after being told to leave. What matters is the lack of permission and the intent to commit a crime while inside.
Because burglary of conveyance covers a wide range of situations, it can be easy to misunderstand the nature of the charge or the severity of the potential penalties. Whether the vehicle was locked, whether anything was taken, or how long someone was inside can all factor into how the charge is handled. Understanding the specifics is critical to building a strong defense.
Auto Theft vs. Burglary of a Conveyance
When someone is accused of a crime involving a vehicle, it’s essential to understand the difference between auto theft and burglary of a vehicle, as the two involve very different actions and legal consequences.
Auto theft refers to the act of stealing an entire vehicle. In contrast, burglary of conveyance involves entering a vehicle without permission and intending to commit a crime inside, such as stealing personal items or equipment, even if the vehicle itself isn’t taken.
The key distinction lies in intent and action. If someone breaks into a car to take a laptop, phone, or stereo system, they could be charged with burglary of conveyance. On the other hand, if the person drives away with the vehicle, that would likely result in an auto theft charge. In both cases, consent and intent to commit a crime are central elements, but the specific action—what was taken and how—determines the nature of the charge.
Penalties for Burglary of a Conveyance
Burglary of conveyance is typically charged as a third-degree felony in Florida and carries severe legal consequences.
If convicted, a person could face:
- Up to five years in prison
- Five years of probation
- A fine of up to $5,000
In addition to incarceration and financial penalties, a felony conviction can leave a permanent mark on a person’s criminal record, potentially affecting future employment, housing, and other opportunities.
However, the penalties can be significantly more severe depending on the circumstances. Under Florida law, the charge may be elevated to a second- or first-degree felony if certain aggravating factors exist. For example, if the accused was armed or became armed during the offense, made an assault or battery on another person, or entered a vehicle with someone still inside, the charge may be upgraded. The same is true if the vehicle is a marked emergency vehicle or if the crime involves the theft of controlled substances.
Possible Defenses and Why Legal Representation Matters
Being charged with burglary of conveyance can feel overwhelming, but it’s important to remember that a charge is not the same as a conviction. The prosecution must prove every element of the offense beyond a reasonable doubt, and valid defenses may apply to your case.
Several legal strategies may be available depending on the facts:
- The accused had consent to enter the vehicle
- The accused didn’t intend to commit a crime once inside
- The vehicle was open to the public, such as a display vehicle at an event
- The accused was a bystander, present at the scene but not involved
Each case is different, and the details matter.
Having a defense attorney involved early in the process can make a meaningful difference. An attorney can evaluate the strength of the evidence, raise challenges to how the investigation was conducted, and work to negotiate reduced charges or even a dismissal.
Understanding the Charge and Taking the Proper Next Steps
Burglary of conveyance is a serious criminal offense in Florida, and it’s one that’s often misunderstood. Unlike auto theft, which involves stealing the entire vehicle, burglary of conveyance refers to entering a vehicle, whether locked or unlocked, without permission and with the intent to commit a crime inside. These are distinct charges with different legal standards; knowing the difference is essential when navigating your defense.
If you’ve been accused of burglary of a vehicle, the most important thing you can do is take early action. Building a strong defense starts with understanding the specific facts of your case and identifying possible legal strategies.
At Hager & Schwartz, P.A., we bring decades of combined experience to every case we handle in Daytona Beach and throughout Florida. Our team can help you protect your future, defend your rights, and move forward. Contact us to schedule a confidential consultation.
