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Burglary Charges in Florida: Penalties for Breaking and Entering plus Working with a Lawyer

Burglary Charges in Florida: Penalties for Breaking and Entering plus Working with a Lawyer

Burglary is a serious crime in Florida that involves illegally entering a home, business, or other structure with the intent to commit a crime inside. Even if the intended crime is not carried out, simply breaking and entering is enough to face felony burglary charges.I know dealing with criminal charges can be scary and overwhelming. But please don’t panic! This article will walk you step-by-step through the burglary laws in Florida, the potential penalties you could be facing, and how working with an experienced criminal defense lawyer can help you build the strongest case possible.I’ll be real with you – a burglary conviction can result in years behind bars along with steep fines and a permanent criminal record. But there are often good defenses we can use to get charges reduced or even dismissed. A skilled attorney will thoroughly examine the details of your specific case to find the best defense strategy for you.So take a deep breath, grab a cup of coffee, and let’s get into it…

What is Burglary in Florida?

Under Florida statute 810.02, burglary is defined as:

“Entering a dwelling, structure, or conveyance with the intent to commit an offense therein.”

Breaking into any enclosed structure like a house, business, car, boat, etc. with the plan to commit a crime inside constitutes burglary. The intended crime does not even need to be carried out – simply proving you entered with criminal intent is enough.Some key points about burglary charges:

• You don’t need to actually steal anything. Just entering with intent is burglary.
• You don’t need to use force or damage property. Even entering through an unlocked door is burglary if done illegally with criminal intent.
• The structure does not need to be occupied at the time. Breaking into a vacant home is still burglary.
• The intended crime does not need to be theft. Entering to assault someone or vandalize property also qualifies as burglary.
• Nighttime break-ins are not required. Illegally entering any structure during the day is also burglary.
• Remaining inside a structure after permission to be there has been revoked also constitutes burglary in Florida.

So in summary – any unauthorized entry into an enclosed structure with intent to commit a crime inside is considered burglary. And it’s treated as a very serious felony offense.

Penalties for Burglary in Florida

Burglary charges in Florida range from a third-degree felony up to a first-degree felony, depending on the circumstances. This means potential penalties can include:

• Up to 5 years in prison and $5,000 in fines (third-degree)
• Up to 15 years in prison and $10,000 in fines (second-degree)
• Up to 30 years in prison and $10,000 in fines (first-degree)

Whether you face third, second, or first-degree charges depends on factors like:

• Type of structure burglarized (home, business, vehicle, etc)
• Whether the structure was occupied at the time
• Whether the burglar was armed or committed assault/battery
• Criminal history of the accused

There are also enhanced penalties if certain conditions are met, like if a burglary results in over $1,000 in damage or if controlled substances are involved.Bottom line – burglary is always a felony in Florida, and penalties get harsher depending on circumstances. Even a third-degree conviction can result in years in state prison.

How a Lawyer Can Help with Burglary Charges

Facing potential jail time, hefty fines, and a permanent felony record is scary. The good news is an experienced criminal defense lawyer can often get charges reduced or even dismissed.Here are some of the ways we defend against burglary accusations in Florida:

• Lack of criminal intent – If we can show you entered the structure without intent to commit a crime, it may not meet the standards for burglary.
• Permission to enter – If the owner granted you permission to be inside, it was not an illegal entry.
• Misidentification – Eyewitness misidentification is common. We can challenge if it was really you.
• Unlawful search – If police performed an illegal search, any evidence found may be inadmissible.
• Self-defense – In certain cases, entering a structure may have been necessary for self-defense.
• Intoxication defense – Being extremely intoxicated can negate the ability to form criminal intent.
• Battered spouse defense – Domestic abuse victims sometimes commit crimes under duress.
• Mental defect – Having a mental disability may mean you were unable to form criminal intent.
• Entrapment – If police coerced you into committing burglary, it may be entrapment.

An experienced lawyer will thoroughly investigate your case to build the strongest defense strategy. We can also negotiate with prosecutors for reduced charges or diversion programs to avoid jail time.Don’t go through this alone. Schedule a free case evaluation and let us start fighting for you.

What Happens After a Burglary Arrest in Florida?

Being arrested for burglary can be scary and overwhelming. Here’s a quick rundown of what to expect:

• You’ll be handcuffed, searched, and transported to jail for booking.
• You’ll have a mugshot and fingerprints taken.
• You’ll be allowed a phone call – use it to contact a lawyer!
• You’ll appear before a judge who will set bail. This allows release until your trial.
• Within 15-21 days, you’ll be formally charged at an arraignment hearing.
• Your lawyer will receive evidence from prosecutors during a discovery period.
• Your attorney will negotiate with the prosecution and file motions to build your defense.
• You’ll attend pre-trial conferences where your lawyer can negotiate plea deals.
• If no plea deal is reached, your case will go to trial.

Having an attorney with you every step of the way is critical for navigating the legal system and building your defense. Don’t go through this alone!

Consequences of a Burglary Conviction

Being convicted of burglary in Florida has severe consequences that can impact the rest of your life:

• Jail time – Years behind bars in state prison. First degree burgl Here is a 3000 word article on burglary charges in Florida:

Burglary Charges in Florida: Penalties for Breaking and Entering plus Working with a Lawyer

Burglary is a serious crime in Florida that involves illegally entering a home, business, or other structure with the intent to commit a crime inside. Even if the intended crime is not carried out, simply breaking and entering is enough to face felony burglary charges.I know dealing with criminal charges can be scary and overwhelming. But please don’t panic! This article will walk you step-by-step through the burglary laws in Florida, the typical penalties you may face, and how working with an experienced criminal defense lawyer can help you build the strongest case possible.I’ll be straight with you – a burglary conviction can result in years behind bars along with steep fines and a permanent criminal record. But there are often good defenses we can use to get charges reduced or even dismissed. A skilled attorney will thoroughly examine the details of your specific case to find the best defense strategy for you.So take a deep breath, grab a cup of coffee, and let’s get started!

Overview of Burglary Laws in Florida

Under Florida statute 810.02, burglary occurs when a person enters or remains in a dwelling, structure or conveyance with the intent to commit an offense inside.There are a few key elements that make up a burglary charge:

• Entering or remaining: This means either coming into somewhere you’re not allowed to be, or staying somewhere after you’ve been asked to leave.
• Dwelling, structure or conveyance: This includes any building or vehicle where people live or conduct business.
• Intent to commit an offense: Prosecutors don’t have to prove you actually committed a crime, just that you intended to.

Some common defenses against burglary charges include:

• You had permission to be there
• There’s no evidence you intended to commit a crime
• It doesn’t meet the legal definition of a dwelling or structure

Burglary charges are always felonies in Florida. The specific penalties you face depend on factors like:

• Type of property burglarized
• Whether it was occupied at the time
• Prior criminal record
• Possession of burglary tools
• Use of violence or weapons

Let’s take a closer look at how these factors impact the penalties for a burglary conviction.

Penalties for Burglary in Florida

Burglary charges in Florida range from a third-degree felony up to a first-degree felony, depending on the circumstances.