Burglary with an assault or battery is a first-degree felony punishable
by life (1st PBL).
It is a non-bondable offense, meaning that should the first appearance
judge find probable cause for the offense, he or she must hold you without
a bond. Only an
can possibly get you a bond in a burglary with an assault or battery case.
Burglary with an assault or battery is a type of
crime. However, the element of adding an assault or battery takes the
crime from a second-degree felony to a 1st PBL.
The elements are similar to burglary in that somebody enters the dwelling
of another with the intent to commit a crime therein. In the case of a
burglary with an assault or battery, the crime therein may be the assault or
Or, in the course of a burglary, if the accused touches, strikes, or threatens
with violence a person inside the dwelling, the accused can be charged
with burglary with an assault or battery.
Many other crimes (such as
) can be charged as burglary with an assault or battery. If somebody enters
a home with the intent of committing a
, the crime may also be charged as burglary with an assault or battery.
Burglary with an assault or battery is a very serious violent felony offense.
It is usual handled by veteran prosecutors who want to put offenders in
prison for a long time.
Like many charges, though, burglary with an assault or battery can be overcharged.
In order to prove the crime occurred, the State must prove the underlying
burglary. That means that the State must prove that the accused had permission,
consent, or some type of legal right to be at the house.
For instance, in a
situation, a husband may come home, enter his house, and strike his wife.
While the offender would no doubt be guilty of battery, he cannot be guilty
of burglary with an assault or battery because it was his house. In other
words, it was not an unlawful entry into the property. His entry was lawful.
This scenario comes up frequently, but not always as cut and dried as it
is stated above. What if a boyfriend and girlfriend who do not live together
get into a fight? What if the and his girlfriend get into a fight inside
of the girlfriend's house, and during this fight the boyfriend hits
his girlfriend. Is this burglary with an assault or battery, or simply
I deal with these legal exceptions nearly every day in
criminal defense practice.
A big part of my job is to persuade prosecutors that a charge does not
fit a particular set of facts. In the above scenario, I would argue that
while the boyfriend is guilty of a
battery, he was an invited guest. He had permission to be in the home.
However, the State can charge a burglary when somebody "remains"
on property after their invitation, consent, or license to be there has
expired. In other words, if the girlfriend told her boyfriend to "Get
out!" after he hit her, and he did not but proceeded to hit her again,
the State could charge burglary with a battery because after his invitation
expired (when the girlfriend told him to leave), he was no longer invited
and was committing a burglary by remaining. Furthermore, his remaining
in the home with the intent to hit her created the "crime therein"
requirement for burglary.
As you can see, there are many ways to interpret a factual scenario. That
is proof that there is never one side to a story. Unfortunately, the cops'
side and the prosecutors' side seems to be the same.
What about your side?
I practice criminal defense in Miami-Dade and Broward. I have represented
clients charged with burglary with an assault or battery and know how
to properly and strategically approach such a charge.
You can get life in prison for burglary with an assault or battery. Don't
mess around. If you are facing this charge, you are in desperate need
of legal help.
If you or somebody you know has been charged with burglary with an assault