Burglary Defense Attorney

Burglary Defense

Under Florida law, Burglary means entering or remaining in a building, house or car, without proper consent, with the intent to commit a crime therein. The crime is often theft, but can be any criminal offense. The penalties for burglary vary depending on the type of property entered.  We have defended hundreds of burglary cases. Once hired, we will:

  1. Collect and review all government evidence;
  2. Identify all possible defenses;
  3. Qualify you for a pretrial diversion program;
  4. Start negotiating with the prosecutor before your first court date, and
  5. Do whatever is necessary to avoid a burglary conviction.

Three Types of Florida Burglary Charges

There are three types of property classifications for burglary in Florida are a conveyance, structure and 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

Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.

Burglary of a Structure

A building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

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. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

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.

Defenses to Burglary

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.

Call Bryce Fetter Today

Our goal simply put is to help you avoid a burglary conviction and a permanent criminal record.  We are open six days a week and we offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

We Defend All Burglary Cases in Orange & Seminole County, Fla.

Under Florida law, Burglary means entering or remaining in a building, house or car, without proper consent, with the intent to commit a crime therein. The crime is often theft, but can be any criminal offense. The penalties for burglary vary depending on the type of property entered. All burglary crimes are punishable by a state prison sentence. Hiring an experienced and aggressive criminal attorney is essential. We have defended hundreds of burglary cases. Once hired, we will:

  1. Collect and review all government evidence;
  2. Identify all possible defenses;
  3. Qualify you for a pretrial diversion program;
  4. Start negotiating with the prosecutor before your first court date, and
  5. Do whatever is necessary to avoid a burglary conviction.

BF office

Defending Your Burglary Case

Bryce Fetter will personally handle all aspects of your case. You will be able to contact Bryce Fetter by phone, text or email at anytime with questions about your case. Your case will never be handed to a less experienced attorney as Bryce Fetter is the only attorney that will meet with you, return your phone calls or attend court with you throughout your entire case. Your case will get Bryce Fetter’s full attention.

How is Burglary Legally Defined under Florida Law?

Burglary is defined in Florida Statute 810.02 as 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 Florida Statute 776.08.

Three Types of Florida Burglary Charges

There are three types of property classifications for burglary in Florida are a conveyance, structure and 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

Any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.

Burglary of a Structure

A building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

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. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of Florida statute 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

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.

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.

We Defend All Central Florida Burglary Charges

Our goal simply put is to help you avoid a burglary conviction and a permanent criminal record.  Call 407-740-7275 to speak with an aggressive and experienced burglary defense lawyer in Winter Park, Florida today. We are open six days a week and we offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

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