Under Florida law, burglary is defined as entering a building, structure, or conveyance with the intent to commit a crime inside, such as theft, assault, or vandalism. The key element in a burglary charge is the intent to commit a crime once inside the premises.
Types of Burglary
There are several types of burglary charges in Florida, including:
- Burglary of a Dwelling (Fla. Stat. § 810.02(1)): Burglary of a home or residence is a more serious charge and can lead to a second-degree felony conviction.
- Burglary of a Structure (Fla. Stat. § 810.02(2)): This involves entering a non-residential building, like a store or office, with the intent to commit a crime. A conviction for this crime is typically a third-degree felony.
- Burglary of a Conveyance (Fla. Stat. § 810.02(3)): This involves entering a vehicle with the intent to commit a crime, such as theft. This is also a third-degree felony.
- Armed Burglary (Fla. Stat. § 810.02(2)): If the defendant is armed with a weapon during the burglary or becomes armed with a weapon while committing the crime, the charges are enhanced, making this a more serious felony.
Penalties for Burglary in Florida
The penalties for burglary in Florida vary depending on the type of burglary and the circumstances surrounding the crime.
- Burglary of a Dwelling: If convicted, it can be classified as a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
- Burglary of a Structure or Conveyance: This is typically charged as a third-degree felony, carrying penalties of up to 5 years in prison and fines up to $5,000.
- Armed Burglary: If the burglary involves a weapon, the charge is elevated to a first-degree felony, punishable by up to life in prison.
In addition to prison time, a conviction can result in significant fines, restitution, and a permanent criminal record that may impact your employment opportunities and personal life.
Defenses for Burglary in Florida
A skilled Florida criminal defense attorney can challenge the prosecution's case by using various legal defenses, such as:
- Lack of Intent: If you did not have the intent to commit a crime once inside the premises, it may be possible to argue that the elements of burglary are not met.
- Unlawful Search and Seizure: If the evidence against you was obtained through an illegal search or seizure, your attorney may be able to have that evidence excluded from your case.
- Mistaken Identity: It’s possible that you were wrongly identified as the person who committed the burglary. If you can prove that you weren’t the one who committed the crime, your charges may be dropped or reduced.
- No Entry: If you did not actually enter the premises, or if you had permission to enter, the burglary charge may not apply.
- Lack of Knowledge: If you were unaware that a crime was taking place or did not know the intent of another person, you may be able to argue that you were not involved in the crime.
- Alibi: If you can provide evidence that you were somewhere else at the time of the alleged burglary, your attorney may be able to demonstrate that you could not have committed the crime.
In addition to prison time, a conviction can result in significant fines, restitution, and a permanent criminal record that may impact your employment opportunities and personal life.
Contact a Florida Burglary Defense Attorney Today
If you or someone you know has been charged with burglary in Florida, don’t wait to get the help you need. Contact us online or by calling our office at 954-861-0384 to schedule a consultation with one of our experienced criminal defense attorneys.
Facing burglary charges in Florida can be overwhelming, but with the right legal representation, you can have the best chance of achieving a favorable outcome. Our firm has extensive experience defending clients against burglary charges, and we know how to navigate the complexities of Florida’s criminal justice system. We understand the stakes are high, and we will fight to protect your freedom, reputation, and future.