Burglary

What Is Burglary?

Under s. 810.02, burglary is entering a dwelling, structure or conveyance with the intent to commit an offense inside, unless the premises were open to the public or the person was licensed or invited to enter. It also covers remaining inside surreptitiously with that intent, remaining after permission was withdrawn with that intent, or remaining to commit or attempt a forcible felony. The State must prove the intent. Entry alone is not burglary.

What are the penalties for burglary?

Third-degree felony: entering or remaining in a structure or conveyance with nobody inside, with no assault, battery or weapon. Up to 5 years in prison, 5 years of probation and a $5,000 fine.

Second-degree felony: a dwelling (occupied or not), or a structure or conveyance with a person inside, with no assault, battery or weapon. Up to 15 years in prison, 15 years of probation and a $10,000 fine.

First-degree felony: if in the course of the offense the person makes an assault or battery on anyone, is or becomes armed with a dangerous weapon, or enters a dwelling or structure and either uses a motor vehicle as an instrumentality to help commit the offense and damages the dwelling, or causes more than $1,000 in damage. Punishable by a term of years up to life.

What if a firearm is involved in a burglary?

If a firearm was involved in a burglary, Florida’s 10-20-Life law can require a mandatory minimum prison term. If you actually possessed a firearm during the burglary, the minimum is 10 years. If you discharged it, the minimum is 20 years, and if the discharge caused death or great bodily harm, it is 25 years up to life. For burglary of a conveyance with a firearm, the minimum is 3 years. A person sentenced under this law cannot have adjudication withheld and is not eligible for gain-time or early release before serving the minimum. “Possession” is defined by the statute: carrying the firearm on the person, or having it within immediate physical reach with ready access and the intent to use it during the offense, proven beyond a reasonable doubt. See my page on weapons charges.

What defenses are there to a burglary charge?

No intent to commit an offense inside. Consent, license or invitation to enter. A building that was open to the public. Misidentification. An illegal search or an unlawful statement.

How I Handle These Cases

I have practiced criminal defense in the Tampa Bay area for 28 years. In a burglary case I look at whether the State can prove intent and who was actually in the building. The consultation is free. Call me at 813-228-6001 or email me.

Sealing and expunction. A conviction for burglary of a dwelling cannot be sealed or expunged, even if adjudication was withheld. A charge that was never filed, was dismissed, or ended in acquittal is treated differently. See expungement and record sealing.

Common questions

Is the consultation free?

Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.

Should I talk to the police or the prosecutor before I call you?

No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.

Where do you handle cases?

Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.