What Is Burglary?

Under Florida law, burglary is defined as entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside. The key element is the intent to commit a crime, which distinguishes burglary from other charges like trespassing.

Types of Burglary Charges

Florida classifies burglary charges based on the type of property involved and the circumstances of the alleged crime:

• Burglary of a Dwelling: Entering or remaining in a residence with the intent to commit a crime.
• Burglary of a Structure: Involves a non-residential building, such as a business or storage facility.
• Burglary of a Conveyance: Involves a vehicle, boat, or other mode of transportation.
• Armed Burglary: Occurs when the accused is armed with a weapon during the burglary.
• Burglary with Assault or Battery: Involves physical harm or threats to the victim during the burglary.

Penalties for Burglary

Burglary penalties in Florida depend on the type and severity of the charge:

Third-Degree Felony:

• Applies to burglary of an unoccupied structure or conveyance without aggravating factors.
• Penalties include up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Second-Degree Felony:

• Applies to burglary of an occupied structure or conveyance or unoccupied dwelling.
• Penalties include up to 15 years in prison, 15 years of probation, and a $10,000 fine.

First-Degree Felony:

• Applies to armed burglary or burglary with assault or battery.
• Penalties include up to life imprisonment and significant fines.

A burglary conviction can also result in long-term consequences, including difficulty finding employment and housing.

Defenses Against Burglary Charges

An experienced attorney can evaluate your case and build a strong defense. Common defenses include:

• Lack of Intent: The prosecution cannot prove you intended to commit a crime inside the property.
• Permission: You had the property owner’s consent to enter or remain on the premises.
• Mistaken Identity: You were wrongfully accused or misidentified as the perpetrator.
• Illegal Search and Seizure: Evidence obtained without a proper warrant or probable cause may be inadmissible.

Why You Need an Experienced Attorney

Burglary charges can have life-changing consequences, but with the right legal representation, you can fight for your rights and future. Adam B. Landeen has over 25 years of experience in criminal defense, providing personalized legal strategies to help clients navigate complex cases.

Contact Us Today

You don’t have to face burglary charges alone. Contact The Law Office of Adam B. Landeen today at 813-228-6001 or email us to schedule a consultation. Let us help you take the first step toward building a strong defense and protecting your future.