I have extensive experience in defending all types of burglary cases in Orange County and Seminole County. I examine each burglary case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced and aggressive burglary attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
How is Burglary Legally Defined under Florida Law?
Burglary is defined in Florida Statute 810.02 as entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense when one does not have the permission to be there.
Three Types of Florida Burglary Charges
There are three types of property classifications for burglary in Florida: a conveyance, a structure, and a dwelling. Burglary of a conveyance or unoccupied structure is a third-degree felony. Burglary of an occupied structure or dwelling is a second-degree felony. Additional factors such as the use of a mask, weapon, an assault or battery can increase the penalty.
Burglary of a Conveyance
Burglary of a Conveyance is defined as unlawfully entering a conveyance, remaining inside a conveyance surreptitiously, or remaining in a conveyance after permission to remain has been withdrawn with the intent to commit a crime inside. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
In Florida, the crime of Burglary of an Occupied Conveyance is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.
Burglary of a Structure
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. Burglary of an unoccupied structure is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. Burglary of an occupied structure is assigned a Level 6 offense severity ranking.
In Florida, the crime of Burglary of an Unoccupied Structure is a Third Degree Felony and is punishable by up to five years in prison, five years of probation, and a $5,000 fine. The crime of Burglary of an Occupied Structure is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.
Burglary of a Dwelling
A building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.
Pretrial Diversion for Some Burglary Charges
Some burglary charges are eligible for diversion. Felony diversion is called pretrial intervention (PTI). All burglary diversion programs require completion of an anti-theft class, 100 community service hours and a period of supervision by the Department of Corrections. Completing a burglary pretrial diversion program will result in the complete dismissal of all burglary charges. Having an experienced attorney guide you through the process is important in any burglary case in Orange County, Seminole County, Osceola County or Lake County.
PENALTIES FOR BURGLARY
Burglary can be charged as a first, second or third degree felony that is punishable by a jail term of up to one year and a fine of up to $1,000. Other Sanctions include:
- Supervised probation
- Anger management course
- No contact with victim
- Permanent criminal conviction
- Community Service
What Are the Defenses to Burglary in Florida?
Consent
If you are an invited guest then you cannot be convicted of burglary if property owner first withdraws their invitation for you to remain on their property. Consent to enter is not an element of burglary, but is an affirmative defense to the crime. A defendant has the burden to offer evidence of consent. But once evidence of consent is presented, the prosecutor must disprove the consent to enter beyond a reasonable doubt.
Open to the Public
If the dwelling, structure or conveyance is open to the public then by definition a person’s admission to that property is consensual and with invitation. As a result, the right to remain inside is implied unless the State has proof that the implied consent to remain inside was withdrawn.
Lack of Intent
One of the elements necessary to support a conviction for burglary is the intent to commit a crime inside the property. If a person shows lawful reasons for entering, such as to find a place to sleep, get out of the weather, or the person is lost, the person cannot be convicted of burglary because they did not enter the property with the intent to commit a crime.
Identity
You are not the person who entered the subject property.
Burglary Case Law
I. L v State 2018-3d17-1108 (Fla. 3rd DCA 2018) Where the building at issue was under construction and had no roof, the structure requirement of burglary of a structure (FS 810.02(2)(4)(a)) is not satisfied.
I Defend All Central Florida Burglary Charges
My goal, simply put, is to help you avoid a burglary conviction and a permanent criminal record. Call 407-740-7275 to speak with me. I am open six days a week and I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending all types of burglary cases in Orange County and Seminole County. I examine each burglary case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced and aggressive burglary attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid a conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully detained and arrested?
- Were you just a minor participant in this incident?
- Were there any witnesses to this incident? Is there any video evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
How is Burglary Legally Defined under Florida Law?
Burglary is defined in Florida Statute 810.02 as entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense when one does not have the permission to be there.
Three Types of Florida Burglary Charges
There are three types of property classifications for burglary in Florida: a conveyance, a structure, and a dwelling. Burglary of a conveyance or unoccupied structure is a third-degree felony. Burglary of an occupied structure or dwelling is a second-degree felony. Additional factors such as the use of a mask, weapon, an assault or battery can increase the penalty.
Burglary of a Conveyance
Burglary of a Conveyance is defined as unlawfully entering a conveyance, remaining inside a conveyance surreptitiously, or remaining in a conveyance after permission to remain has been withdrawn with the intent to commit a crime inside. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.
In Florida, the crime of Burglary of an Occupied Conveyance is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.
Burglary of a Structure
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. Burglary of an unoccupied structure is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. Burglary of an occupied structure is assigned a Level 6 offense severity ranking.
In Florida, the crime of Burglary of an Unoccupied Structure is a Third Degree Felony and is punishable by up to five years in prison, five years of probation, and a $5,000 fine. The crime of Burglary of an Occupied Structure is a Second Degree Felony and is punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.
Burglary of a Dwelling
A building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.
Pretrial Diversion for Some Burglary Charges
Some burglary charges are eligible for diversion. Felony diversion is called pretrial intervention (PTI). All burglary diversion programs require completion of an anti-theft class, 100 community service hours and a period of supervision by the Department of Corrections. Completing a burglary pretrial diversion program will result in the complete dismissal of all burglary charges. Having an experienced attorney guide you through the process is important in any burglary case in Orange County, Seminole County, Osceola County or Lake County.
PENALTIES FOR BURGLARY
Burglary can be charged as a first, second or third degree felony that is punishable by a jail term of up to one year and a fine of up to $1,000. Other Sanctions include:
- Supervised probation
- Anger management course
- No contact with victim
- Permanent criminal conviction
- Community Service
What Are the Defenses to Burglary in Florida?
Consent
If you are an invited guest then you cannot be convicted of burglary if property owner first withdraws their invitation for you to remain on their property. Consent to enter is not an element of burglary, but is an affirmative defense to the crime. A defendant has the burden to offer evidence of consent. But once evidence of consent is presented, the prosecutor must disprove the consent to enter beyond a reasonable doubt.
Open to the Public
If the dwelling, structure or conveyance is open to the public then by definition a person’s admission to that property is consensual and with invitation. As a result, the right to remain inside is implied unless the State has proof that the implied consent to remain inside was withdrawn.
Lack of Intent
One of the elements necessary to support a conviction for burglary is the intent to commit a crime inside the property. If a person shows lawful reasons for entering, such as to find a place to sleep, get out of the weather, or the person is lost, the person cannot be convicted of burglary because they did not enter the property with the intent to commit a crime.
Identity
You are not the person who entered the subject property.
Burglary Case Law
I. L v State 2018-3d17-1108 (Fla. 3rd DCA 2018) Where the building at issue was under construction and had no roof, the structure requirement of burglary of a structure (FS 810.02(2)(4)(a)) is not satisfied.
I Defend All Central Florida Burglary Charges
My goal, simply put, is to help you avoid a burglary conviction and a permanent criminal record. Call 407-740-7275 to speak with me. I am open six days a week and I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
