Burglary is a serious offense in Florida, defined under Florida Statute 810.02. It involves unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside. If you’ve been charged with burglary, it’s critical to understand the legal definition, potential penalties, and defense options. Keep reading to see why Van Elswk Law is your trusted Tampa burglary defense lawyer.
What Constitutes Burglary in Florida?
Burglary in Florida occurs when someone:
- Enters or remains in a dwelling, structure, or conveyance without permission, and
- Has the intent to commit a crime once inside, whether it’s theft, assault, or any other criminal act.
Even if the crime you intend to commit is minor, the act of unlawful entry with criminal intent qualifies as burglary. It’s important to note that burglary charges can be brought even if the intended crime was not completed.
Degrees of Burglary
In Florida, burglary is classified into degrees based on factors such as whether the location is occupied, whether weapons were involved, and if property damage occurred.
First-Degree / PBL (Punishable by Life) Burglary
- The defendant commits an assault or battery on any person
- The defendant is armed with a dangerous weapon within the dwelling
- Enters an occupied or unoccupied structure, and
- Flees by vehicle or causes damage in excess of $1,000
A first-degree burglary conviction can result in life imprisonment or a term of years not exceeding life and a fine of up to $10,000.
Second-Degree Burglary
- The burglary occurs in either an occupied or unoccupied dwelling, and
- The defendant did not commit an assault or battery and does not carry a dangerous weapon
The penalty for second-degree burglary is up to 15 years in prison, with a fine of up to $10,000.
Third-Degree Burglary
- The defendant unlawfully enters a dwelling, structure, or conveyance that is unoccupied, and
- There was no assault or battery, and no weapon was used.
A third-degree burglary conviction can result in up to five years in prison and a fine of up to $5,000.
Defenses to Burglary Charges
If you’re facing burglary charges, you need a strong defense strategy tailored to your case. Common defenses include:
- Lack of Intent: One key element of burglary is the intent to commit a crime inside. If you entered the property without criminal intent, this could serve as a defense.
- Permission to Enter: If you were authorized to enter the property (for instance, by the owner), the prosecution’s case weakens significantly.
- Mistaken Identity: In some cases, mistaken identity plays a role, especially if there is little or no physical evidence linking you to the crime.
- Alibi: Providing evidence that you were elsewhere during the alleged burglary can completely dismantle the prosecution’s case.
Consequences of a Burglary Conviction
A burglary conviction can have life-altering consequences beyond just jail time or fines. It can affect your:
- Criminal Record: A burglary conviction stays on your record, potentially impacting future job opportunities, housing, and professional licenses.
- Civil Rights: A felony conviction can result in losing certain rights, such as the right to vote, own firearms, or serve on a jury.
- Restitution: You may be required to compensate victims for any property damage caused during the burglary.
Given these severe consequences, it is essential to work with an experienced criminal defense attorney who understands Florida’s burglary laws and can develop a defense strategy that minimizes the impact on your life.
Contact Van Elswyk Law Today
At Van Elswyk Law, we bring a unique blend of financial and prosecutorial experience to every case. Our firm takes a client-focused approach, offering personalized legal strategies designed to protect your rights and fight for the best possible outcome.
If you or someone you know is facing burglary charges in Florida, time is of the essence. Contact us to schedule a consultation and begin building your defense. We serve clients in Sarasota, Bradenton, and Tampa and are dedicated to helping you navigate this challenging time with confidence and compassion.