Burglary Charges in Florida

Orlando Criminal Defense and Family Law AttorneyUnder Florida law, Burglary is defined as “entering a dwelling, structure or conveyance with the intent to commit an offense, therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.”  If you have been charged with a Burglary offense in Florida, you need the help of a good Orlando defense attorney to help you navigate the legal system.

If you are convicted of Burglary in Florida, you could face serious penalties, including court and reparation fines and time in jail or prison. Hiring an experienced Orlando defense attorney can make all the difference in getting your case dismissed.

Types of Florida Burglary Offenses

Burglary of a Structure/Conveyance. Classified as a 3rd Degree Felony and punishable by up to five years in prison. A structure can be defined as anything that is built or going to be built, while a conveyance is anything that is owned that is not an inhabited residence, like a motor vehicle, vessel, railroad, train, aircraft, etc.

Burglary of a Dwelling. Classified as a 2nd Degree Felony and punishable by up to fifteen years in prison and a fine of up to $10,000. Additional charges can also be applied if there was property damage, theft, or assault or battery committed in conjunction with the burglary.

Armed Burglary. Classified as a 1st Degree Felony, with a minimum mandatory sentence of 10-20 years in prison and a maximum sentence of up to 30 years in prison.

Experienced Orlando Burglary Defense Attorney

At Frost Law, we help clients with all types of Burglary charges, including:

  • Burglary of a Structure or Conveyance
  • Burglary of a Dwelling
  • Armed Burglary
  • Burglary with an Assault/Battery
  • Possession of Burglary Tools

Burglary of a Structure or Conveyance

According to Florida Statute 810.011, Burglary of a Structure of Conveyance is entering a structure or conveyance with the intent to commit an offense (crime) therein (inside the structure or conveyance), unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain there.

A structure is defined as anything that is built or going to be built. A conveyance is anything that is owned, such as a motor vehicle, ship, vessel, railroad train, aircraft, or a car designed for sleeping.

Penalties for Burglary of a Structure or Conveyance

Burglary of a Structure or Conveyance is a 3rd Degree Felony Burglary with penalties of up to 5 years in prison or probation and a fine of $5,000.00, where the defendant enters or remains in a structure or conveyance and there is not another person there.

Possible Defenses for Burglary of a Structure or Conveyance

Each Burglary case is different, and it’s important to speak with a Burglary defense attorney about your specific case. In some cases, possible defenses may include:

  1. Permission – if a person has permission to be at location, that’s a defense to Burglary.
  2. Identification – If a Burglary occurs when no one is there, the State sometimes has to prove identification through fingerprints or DNA. This is considered circumstantial evidence. Fingerprints or DNA can show that someone was at a particular location but cannot prove when. In certain cases, this identification defense can go hand in hand with permission.
  3. Not having the intent to commit a crime within the premises – If there was no intent to commit a crime, then it cannot be a Burglary. It may, however, be Trespassing.

Burglary of a Dwelling

According to Florida Statute 810.02, Burglary of a Dwelling consists of entering a dwelling with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

Florida Statute 801.011(2) further defines a dwelling as normally being a place people live in like a house, apartment, or mobile home; the dwelling can be mobile or immobile, as long as there is a roof over a lodging that is used for people during the night.

Penalties for Dwelling Burglary in Florida

Burglary of a Dwelling is typically a 2nd Degree Felony with a maximum sentence of imprisonment for 15 years and a fine of $10,000.

However, Burglary of a Dwelling can be a 1st Degree Felony with penalties of life in prison if the defendant commits Assault or Battery upon any person, becomes armed with explosives or dangerous weapons within the dwelling, or enters an occupied or unoccupied dwelling and uses a motor vehicle as an instrument, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling.

Possible Defenses for Burglary of a Dwelling

Each burglary case is different and it’s important to speak with an experienced burglary defense attorney.  Some possible defenses may include:

  1. Permission – if a person has permission to be at a location, then it’s a possible defense to Burglary.
  2. Identification – If a Burglary occurs when no one is there, the State sometimes has to prove identification through fingerprints or DNA. This is considered circumstantial evidence. Fingerprints or DNA can show that someone was at a particular location but cannot prove when. In certain cases, this defense can go hand in hand with permission.
  3. Not having the intent to commit a crime within the premises – If there was no intent to commit a crime, then it cannot be a Burglary. It may be Trespassing, but not Burglary.

Contact an Orlando Burglary Attorney

A conviction of a burglary charge can carry severe penalties, which is why it’s important to have a skilled defense attorney on your case. Experienced defense Attorney Chad Frost will provide aggressive, strategic legal representation to fight for you in court.

Call 407-670-5569 today or contact us on our website to getting started on your defense.