Orlando Burglary Lawyers

Understanding Burglary Charges in Florida

A burglary charge in Florida represents one of the more serious offenses under state law. Burglary generally involves entering or remaining in a structure, dwelling, or conveyance with the intent to commit an offense. The law treats these crimes severely because they often involve intrusions into private property and potential threats to public safety. Prosecutors regularly pursue harsh penalties for convictions, including lengthy prison sentences and substantial fines.

State law distinguishes burglary from other property-related offenses by focusing on the suspect’s intent during entry. Trespassing relates more to unauthorized entry alone, while robbery involves using force or fear to take property from a person’s immediate possession. Many individuals do not realize that a burglary charge can arise even if nothing is stolen. If a prosecutor believes the suspect intended to commit any unlawful act inside, this can serve as a basis for a burglary allegation.

An experienced Orlando burglary lawyer at The Defense Group can examine all facts, review evidence, and build a strategic defense. Represented defendants often have more opportunities to negotiate for reduced charges or alternative sentencing. Knowledge of Florida’s criminal justice system, coupled with the ability to challenge questionable police procedures, can significantly impact whether charges are dismissed or reduced.

Some important considerations involve:

Potential misunderstandings about permission to enter a property
The possibility of a misidentified suspect or flawed investigative procedures
Circumstances that indicate no intent to commit a crime upon entry

These and other factors are often central to building a solid defense strategy. Acting early by consulting legal counsel can help preserve key evidence, protect constitutional rights, and set the tone for negotiations with prosecutors.

For a free consultation about your rights, call The Defense Group at 407-743-8430 today.

Legal Definition of Burglary Under Florida Law

Florida Statutes § 810.02 defines burglary in specific terms. The statute indicates that a person commits burglary when they enter or remain in a structure, dwelling, or conveyance without authorization and intending to commit an offense inside.This definition applies whether the intended crime involves theft, assault, vandalism, or any other unlawful act.

Prosecutors must demonstrate several elements before a burglary conviction is possible:

Unlawful entry or remaining in a structure, dwelling, or conveyance
Intent to commit an offense inside
Lack of permission or legal right to be present

Trespassing charges, found in Florida Statutes § 810.08, revolve around the unauthorized presence on the property. The crucial difference is that burglary requires intent to commit an offense once inside. Trespassing might involve no plan or attempt to commit further crimes. In contrast, burglary involves the act of entering and the mental purpose of committing wrongdoing. In many cases, law enforcement reviews the facts to decide if the alleged conduct is closer to trespassing or rises to burglary.

An important facet of defending burglary charges lies in scrutinizing the element of intent. The government must prove that the accused did more than merely enter a space. Showing intent often relies on circumstantial evidence, witness testimony, or physical clues. Defense counsel can challenge those proofs by revealing alternate explanations for the individual’s presence or undermining witness credibility.

Types of Burglary Charges in Florida

Florida law encompasses several distinct burglary offenses. Each type carries its own legal ramifications and potential penalties. Courts consider how the accused entered a property, the nature of the property, and whether weapons or violence were involved.

There are multiple categories of burglary, including:

Burglary of a Dwelling: This involves entering or remaining in a residential building such as a home, condominium, or apartment, intending to commit a crime inside. Penalties can be severe because of the heightened expectation of privacy within a home.
Burglary of a Structure: This charge applies to unauthorized entry into non-residential properties, such as stores, office buildings, or storage facilities. Although penalties can be serious, the offense may not be as harshly penalized as burglary of a dwelling, depending on other circumstances.
Burglary of a Conveyance: Entering or breaking into vehicles, boats, or other modes of transport without permission and with criminal intent falls under this category. Even if nothing is taken, the act of entering with unlawful intent can qualify as burglary.
Armed Burglary: According to Florida Statutes § 810.02(2)(b), carrying a weapon during the commission of a burglary greatly increases potential penalties. This charge can result in a first-degree felony, depending on the weapon involved and the circumstances of the intrusion.
Burglary with Assault or Battery: Incorporating violence during a burglary can escalate charges. If a prosecutor shows that the accused either threatened or inflicted harm while unlawfully inside the property, this form of burglary can lead to the most stringent punishments.

An arrest for any of these offenses does not guarantee a conviction. Prosecutors must satisfy all statutory elements and prove guilt beyond a reasonable doubt. Each type of burglary case can have defenses that challenge evidence related to entry, intent, and identification. A lawyer can adapt defense strategies to fit each specific category of alleged burglary.

Penalties for Burglary in Florida

Penalties for burglary in Florida largely depend on the nature of the offense, the presence of aggravating factors, and the level of the felony involved. Convictions can lead to prison time, hefty fines, restitution, probation, and more. Judges have some discretion in imposing sentences, but they often follow Florida’s sentencing guidelines to determine a suitable range.

Common burglary offenses are classified in different ways:

First-Degree Felony: Armed burglary or burglary with assault or battery can result in a maximum penalty of life in prison. Offenses involving dangerous weapons or violence raise serious concerns for judges, who often impose harsh sentences to deter future conduct.
Second-Degree Felony: Burglary of an occupied dwelling usually falls into this category, carrying up to 15 years in prison and substantial fines. The focus is on the heightened risk of entering a place where people are present.
Third-Degree Felony: Unoccupied structures or conveyances often lead to third-degree felony charges, with a maximum of five years in prison. The perceived danger to persons is lower when no one is inside.

Florida’s sentencing guidelines can influence whether a judge leans toward the permissible range’s harsher or more lenient side. Judges often look at factors like prior criminal history, level of victim impact, and expressed remorse or acceptance of responsibility. Some cases involve mandatory minimum sentences, especially if a firearm was used or serious injuries occurred.

Understanding how the state determines sentencing levels can help defendants anticipate potential outcomes. A knowledgeable attorney can advocate for reduced charges or minimized punishments by presenting mitigating evidence and challenging the prosecution’s case. Defendants who work proactively with counsel often stand a better chance of avoiding maximum penalties.

Aggravating Factors That Can Increase Burglary Penalties

Certain elements can heighten the severity of burglary charges under Florida law. Prosecutors look closely at whether these aggravating factors apply, as they can substantially influence plea negotiations and sentencing decisions.

Possible aggravating factors include:

Carrying a Firearm or Deadly Weapon: The presence of a dangerous instrument typically escalates the offense to a higher degree felony.
Injuring a Person During the Burglary: Harm to occupants or bystanders can lead to enhanced charges and mandatory sentencing provisions.
Burglary of an Occupied Residence vs. Unoccupied Structure: Entering a property where people are present poses a greater safety risk, often prompting harsher legal responses.
Use of Force, Threats, or Coercion: Even if there is no physical injury, threats of violence can elevate penalties.
Repeat Offenders and Enhanced Sentencing Under Florida’s Habitual Offender Statute (§ 775.084): Prior felony convictions can classify defendants as habitual offenders, resulting in stiffer punishments.

Once an aggravating factor is established, the court may impose additional years of incarceration or mandatory minimum sentences. Defense attorneys examine the evidence behind these enhancements, sometimes disputing the presence of a weapon or showing that any force used was minimal or unrelated to the entry. Removing an aggravating factor from consideration can lead to significantly lighter sentences.

Common Defenses Against Burglary Charges

A burglary allegation requires the prosecution to prove intent, unauthorized entry, and other crucial elements. Skilled defense strategies often focus on challenging the reliability of evidence, demonstrating legitimate excuses, or revealing weaknesses in the state’s proof. The specifics of each case determine which defenses might be viable.

Possible defenses in burglary cases include:

Lack of Intent to Commit a Crime Inside the Structure: If a defendant did not intend to commit an offense upon entry, the act might be more akin to trespassing.
Mistaken Identity or False Accusations: In some instances, eyewitness testimony or security footage can be flawed or misinterpreted.
Consent to Enter the Property: When a homeowner or occupant allows entry, it can negate the prosecution’s argument of unlawful entry.
Insufficient Evidence or Lack of Proof Beyond a Reasonable Doubt: Burglary requires prosecutors to meet a high standard. The defense may seek dismissal if any key element is not sufficiently proven.
Challenging Illegal Searches, Improper Police Procedures, or Constitutional Violations: Evidence obtained through unconstitutional methods can be suppressed, weakening the case.

Implementing these defenses depends on carefully reviewing police reports, witness statements, surveillance footage, and forensic evidence. Legal counsel works to uncover inconsistencies, mitigate potentially incriminating factors, and identify legal grounds for dismissal. Even if the evidence appears substantial, skilled negotiation can often result in reduced charges or sentences when the defense presents compelling mitigating information.

The Arrest Process and Legal Proceedings for Burglary Cases

A typical burglary case in Florida begins with a law enforcement investigation, followed by an arrest if probable cause is found. Police may act based on eyewitness testimony, reports of forced entry, or suspicious behavior near a targeted property. Once arrested, a defendant often faces booking procedures that include fingerprinting, background checks, and initial detention.

Key steps in the legal proceedings often unfold as follows:

Initial Arrest and Booking Procedures: Individuals usually remain in custody pending a bond hearing, depending on the severity of the charge.
Bond Hearings and Potential Pretrial Release Options: Courts may set bail based on factors like prior criminal history, flight risk, and the seriousness of the burglary.
Formal Arraignment and Plea Options: During arraignment, the defendant hears the charges and enters a plea of guilty, not guilty, or no contest.
Pretrial Motions to Suppress Evidence or Dismiss Charges: Defense attorneys may challenge the legality of searches, arrests, or evidence collection.
Potential Outcomes: Plea Bargains, Trial, or Dismissal: The case can end with negotiations, a jury verdict, or a judge’s ruling on motions.

The pretrial phase can be lengthy. Both sides gather evidence, interview witnesses, and plan strategies. Defendants who remain proactive—communicating with an attorney, respecting bond conditions, and attending all required court dates—strengthen their position. Violating bond or missing court appointments can lead to additional legal complications.

Impact of a Burglary Conviction on Your Future

A burglary conviction in Florida goes beyond fines and incarceration. Collateral consequences can persist long after a sentence is served. Criminal records can appear in background checks, often impacting employment, financial opportunities, and personal relationships.

A conviction for burglary can affect multiple areas of life, including:

Criminal Record Consequences and Difficulties in Securing Employment: Many employers are reluctant to hire individuals with convictions for property or violent crimes.
Loss of Civil Rights, Including Firearm Ownership Restrictions: Felony convictions frequently suspend or remove voting rights and the ability to legally possess firearms.
Immigration Consequences for Non-Citizens: Certain felony convictions can lead to deportation, denial of citizenship applications, or restricted re-entry rights.
Challenges in Renting or Leasing Property with a Felony Conviction: Many landlords run background checks and may deny housing to those with serious criminal records.

Avoiding these long-term repercussions starts with an effective legal defense. Even if a complete acquittal is unlikely, exploring plea arrangements or alternative sentencing can reduce the severity of the charge. In some cases, it may be possible to negotiate terms that avoid a formal felony record. Thorough legal counsel focuses on mitigating any burglary conviction’s immediate and future impact.

Expungement and Record Sealing for Burglary Charges

Florida provides certain routes for sealing or expunging criminal records, although violent offenses and more serious felonies are often excluded. Eligibility depends on the nature of the charge and the individual’s prior record. Florida Statutes § 943.0585 outlines rules for expungement, and the courts strictly interpret these statutes.

There are several relevant points to consider:

Eligibility for Sealing or Expunging Burglary Charges: Under Florida Statutes § 943.0585, some burglary cases, particularly those reduced to lesser charges or dismissed, may qualify.
Requirements for Juvenile Burglary Offenses and Potential Diversion Programs: Juveniles can sometimes use diversion programs that allow for the eventual sealing of records if the program is completed.
How a Criminal Defense Lawyer Can Assist in Record Expungement Petitions: Securing professional representation can ensure proper documentation and argumentation during the expungement process.

The procedure can be complex, involving detailed paperwork and potential hearings. Courts and prosecutors often review factors like the severity of the offense, the time elapsed since the completion of the sentence, and whether the defendant has remained law-abiding. Gaining a seal or expungement can be transformational, removing many employment, housing, and social barriers linked to a felony or misdemeanor record.

Why You Need an Experienced Orlando Burglary Lawyer

Burglary allegations can be overwhelming due to the severity of potential punishments and the complexities of Florida law. Defendants face seasoned prosecutors who often seek maximum consequences for property crimes, especially when firearms or violence are implicated. An attorney experienced in defending burglary charges can uphold your rights and help navigate each procedural step.

A strong defense often includes:

Investigating the Case, Challenging the Evidence, and Protecting Your Rights: Skilled counsel reviews all aspects of law enforcement conduct, from the initial investigation to arrest procedures.
Negotiating Plea Deals or Alternative Sentencing When Applicable: Even in challenging cases, favorable deals or deferred prosecution agreements may be possible.
Building a Strong Defense Strategy to Fight Burglary Charges in Court: The best defense in a burglary case often hinges on dismantling the prosecution’s allegations of intent or unauthorized entry.

Legal counsel can also bring in experts for forensic analysis or private investigation to challenge the state’s narrative. When negotiations fail, a well-prepared lawyer is equipped to go to trial and present arguments highlighting weaknesses in the prosecution’s case.

What does Florida law define as burglary?

Commonly referred to as “breaking and entering,” this statutory offense is both serious and complex. Depending on the circumstances, the penalty can be as little as probation or as serious as life in prison. The burglary statute is FSS 810.02, set out below:

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:

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
Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

Surreptitiously, with the intent to commit an offense therein;
After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon; or

Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(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;

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains.

(4) 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.

Orlando Burglary Defense Attorney

If arrested or questioned about a burglary offense, NEVER SPEAK TO THE POLICE PRIOR TO SPEAKING WITH AN ATTORNEY. Call one of our two locations at 407 743 8430 or 407-250-9557, for a prompt and  free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.

Contact The Defense Group Today for a Free Consultation

Acting quickly after a burglary arrest can protect crucial evidence and lay the groundwork for an effective defense. Reaching out to a qualified Orlando burglary lawyer early in the process offers a better chance to secure favorable outcomes. Whether the goal is a complete dismissal, a reduced charge, or minimized sentencing, a robust legal strategy can make the difference.

The Defense Group understands the challenges of felony charges and offers dedicated legal support for individuals accused of burglary. Knowledge of Florida’s laws, relationships with local prosecutors, and well-developed courtroom skills allow for thorough representation in every phase of a burglary case.

Call 407-743-8430 to request a consultation at the earliest opportunity.