Burglary Defense Lawyer Tampa, FL | Smith & Eulo Law Firm

The charge of burglary in the state of Florida is a broad term that covers a number of offenses, all of which constitute felonies.

What Constitutes Burglary in Tampa, FL?

In the state of Florida, the act of entering a house, structure, business, or vehicle without the consent of the owner, and with the intention of committing a criminal act while within the structure is defined as burglary.

It is the combination of unlawful entry and the intent to commit an offense while within that constitutes the act of burglary. This is an extremely serious, very complex crime in Florida, with life-altering consequences, so understanding what burglary is and what it isn’t is vital for someone who has been charged with a burglary crime.

3 Types of Burglary in Florida State

There are three basic types of burglary under Florida state law.

Burglary of a Conveyance – Under Florida law, cars, trailers, motorbikes, boats, and other watercraft, aircraft, and railroad cars are considered examples of conveyances. Should a person unlawfully enter a conveyance with the intent of committing an offense; such as stealing the contents of a box truck, that offense is considered a burglary of a conveyance.
- A burglary of a conveyance where there is no one inside, is a third-degree felony in the state of Florida and punishable by up to five years in prison, five years probation, and a fine of $5000.
- If that conveyance is occupied at the time a burglar enters, the crime is now a second-degree felony. A second-degree felony is punishable by a maximum of 15 years in prison, 15 years probation, and a fine of $10,000.
- If a burglary of a conveyance is committed while armed with a dangerous weapon, or assault and battery is committed during the act, this charge now becomes a first-degree offense and is punishable by a maximum of life in prison.
Burglary of a Structure – This refers to any building that has a roof. The space of ground around the structure is also considered part of the dwelling. When a person enters a structure or the area around a structure, with the intention of committing an offense while within; such as breaking into a storage compartment, that person is committing burglary of a structure.
- A burglary of a structure where there is no one inside, is a third-degree felony in the state of Florida and punishable by up to five years in prison, five years probation, and a fine of $5000.
- If that structure is occupied at the time a burglar breaks in, the crime becomes a second-degree felony. A second-degree felony is punishable by up to 15 years in prison, 15 years probation, and a fine of $10,000.
- If a burglary of a structure is committed while armed with a dangerous weapon, or assault and battery is committed during the act, this charge now becomes a first-degree offense and is punishable by a maximum of life in prison.
Burglary of a Dwelling – Finally, there is burglary of a dwelling. A dwelling is defined as any building or conveyance that has a roof and is designed to be lived in or slept in at night. The area surrounding that dwelling, such as a porch or backyard, is also considered part of that dwelling.
- A burglary of a dwelling where there is no one inside, is a third-degree felony in the state of Florida and punishable by up to five years in prison, five years probation, and a fine of $5000.
- If that dwelling is occupied at the time a burglar breaks in, the crime becomes a second-degree felony. A second-degree felony is punishable by up to 15 years in prison, 15 years probation, and a fine of $10,000.
- If a burglary of a dwelling is committed while armed with a dangerous weapon, or assault and battery is committed during the act, this charge now becomes a first-degree offense and is punishable by a maximum of life in prison.

Defending Against A Burglary Charge in Florida

Just a few of the defenses that can be used against a charge of burglary in the state of Florida include:

Proving Intent

It would appear to be difficult to defend against the charge of burglary, but there are ways to do so. The primary angle of attack is to call into question the mental intent to commit a crime, usually theft, while within the structure or conveyance.

This distinction is an important one. The intention to steal is central to the charge of burglary as is wholly separate from the act of illegal entry. If someone sneaks into the Raymond James Stadium at midnight to take a selfie in the middle of the field because they are an extreme Bucs fan, they would likely not be guilty of burglary.

The burden of proof rests upon the prosecution to prove criminal intent based on the circumstances of the case.

Illegal Entry

If the accused person can prove they genuinely believed they were welcome in the place with the permission, consent, or invitation of the owner or occupant, this can be a valid defense to unlawful entry in a conveyance or structure.

Implied Invitation of a Public Place

If the dwelling was open to the public, an argument for a charge of burglary could be made due to the implicit invitation to enter or remain on the premises.

Burglary is prosecuted in Florida to the fullest extent of the law, and anyone accused of the crime should exercise their constitutional right to representation immediately.

If you or your loved one find themselves in a situation where you are being accused of Burglary, call us right away at 813-359-8667 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

We Serve Tampa, FL

Open 24/7

call now!

Contact Us Today!

Burglary charges are extremely common in Florida and, unfortunately, very serious. Prosecutors and law enforcement will come after you aggressively if you’re been charged with burglary, so it is imperative you contact a strategic criminal defense lawyer like us at Smith & Eulo Law Firm. We’ll work with you to get your charges diminished or even dismissed.

What is the charge of burglary?

You have committed burglary when you unlawfully enter a dwelling, structure, or conveyance (a vehicle) with the intent to commit a forcible felony. Burglary also occurs when you’ve been invited into a building, structure, or conveyance and you enter it with the intent to commit a crime, or when an invitation has been revoked and you remained in the building intending to commit a crime.

You don’t even have to have fully entered a place to have committed a burglary. If you intend to commit a felony and any part of your body enters a structure, you can be charged with burglary. Additionally, if you entered a building, conveyance, or structure in a secretive manner, criminal intent will be inferred and you can be charged with burglary.

What’s the difference between first, second, and third degree burglary?

Burglary always constitutes a felony in Florida and the penalties are largely determined by the unique circumstances of your case and your criminal history. Depending on what occurred, your penalties could include jail time, large fines, restitution, probation and parole, community service, loss of firearm rights, and marks on your permanent records. The three degrees of burglary penalties reflect these variables, and others as determined by the court proceedings.

First Degree Felony

You will be charged with a first degree burglary felony if the structure you entered had people inside of it that you committed assault or battery against. You could also receive this conviction if:

You entered the building with explosives or a dangerous weapon
You caused $1000 in damage to the property
You used an automobile to help break and damaged the structure

Penalties for a first degree burglary felony include life imprisonment and a fine of up to $10,000

Second Degree Felony

You could be charged with a second degree burglary felony if you entered or remained in a dwelling, structure, or conveyance with the intent to commit a felony. However, you must not have committed assault or battery against anyone in the dwelling, nor did you use a deadly weapon.

For this charge, you could face up to 15 years in prison, 15 years of probation, and fines as high as $10,000. It should be noted that if you commit a second degree felony burglary during a declared state -emergency, your burglary charge will be raised to a first-degree charge.

Third Degree Felony

This is the minimum sentence for burglary charges in Florida. You can be charged with a third degree felony if:

You’re found with any tool, machine, or implement with the intent to use them to commit burglary to trespass
There were no other people in the structure, conveyance, or dwelling at the time of your burglary
You cut or damaged phone or power lines to facilitate a home invasion

If you’re convicted of a third degree felony burglary you could be imprisoned for up to 5 years and face fines of up to $5,000. As previously mentioned, if you committed these listed acts during a state of emergency, your charges will become a second-degree felony.

Can a burglary charge be dropped?

In short–yes, with the help of an experienced criminal defense attorney, your burglary charges could be diminished or dropped. To convict you of burglary, a state attorney has to prove beyond a measure of a doubt that you entered a building or structure with the intent to commit a crime. However, unless the defendant confesses to what he or she was thinking, intent has to be determined by the circumstances.

Burglary and intent to commit a forcible felony are tough to prove, so your prosecutor may consider lesser charges or offer a plea bargain. If intent to commit a crime cannot be adequately proven, you will most likely be charged with criminal trespassing.

Your Daytona criminal defense attorney will examine every piece of evidence provided by the prosecution for potential strategies to disprove you had criminal intent. Some defenses against burglary charges include:

Explaining that you had owner permission to enter the structure and you took something you believed to be yours
You were charged with burglary, but you never actually entered the burglarized structure, A person who looked like you did, and this is a case of mistaken identity

An experienced criminal defense lawyer can help analyze the situation, and strategize a defense against any prosecutor’s argument that you had criminal intent. It’s important to act quickly when facing burglary charges since any conviction will have far-reaching consequences in anything you do involving background checks.

If you or your loved one find themselves in a situation where you are being accused of burglary? Call us right away at 386-310-2011 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Daytona Beach office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

Serving Daytona Beach, FL

Open 24/7

Call Now!

Contact Us Today!

What is Burglary

Florida Statute 810.02 – Burglary

(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a 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 or remain.

(b)For offenses committed after July 1, 2001, “burglary” means: 1. Entering a dwelling, a structure, or a 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; or 2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; orc. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

Is it a felony?

Burglary is a felony offense and can be either a first, second, or third-degree. For a burglary to be a first-degree felony, the individual would have to commit assault or battery during the burglary. They would have been armed when they entered the property. This can be with either a weapon or explosives. Other factors that would constitute a first-degree felony would be using a vehicle to break into the property or cause damages that exceed more than $1,000.

For a second-degree felony burglary would involve another person being present when the burglary takes place. There would need to be another person occupying the property so the owner of the home, workers, or anyone affiliated with the property. During the burglary, the individual never commits or attempts to commit an assault or battery on any individuals occupying the property. Another reason for a burglary being a second-degree felony would be if the crime was committed while the county was under a state of emergency.

A burglary is a third-degree felony if there is nobody present during the burglary. No weapon was used during the burglary and there was no assault or battery. At no point in the burglary did the individual become armed and dangerous by possessing a weapon or explosive.

What are the penalties?

A first-degree felony is punishable by a maximum imprisonment that doesn’t exceed a life sentence. If it is a life felony, meaning someone was killed or seriously injured, then it would be a life imprisonment. If a death was not involved, then the maximum prison sentence is 30 years and a $10,000 fine. For a second-degree felony, the maximum prison sentence is 15 years and a maximum fine of $10,000. A third-degree felony is punishable by a maximum prison sentence of 5 years and a fine of $5,000.

Anti-Murder Statute:

If you enter a plea to Burglary and are sentenced to probation, you are now classified as Anti-Murder, because burglary is a qualifying offense. The consequences of this designation are severe. Specifically, you get additional points added to your score sheet. You also are now anti-murder for any additional felony case you ever resolve with probation.

Prison Release Reoffender:

Burglary is a qualifying offense under the Prison Release Reoffender (PRR) Act. Most Orlando Burglary Lawyers can explain the dangers of the PRR designation. However, PRR can require a person to serve their entire sentence day for day. In the case of a Burglary of a Dwelling, that can mean 15 years day for day, without gain time.

If you or your loved one find themselves in a situation where you are being accused of Burglary, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources