Burglary in Florida

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We are your Burglary Defense Lawyers in Florida

Burglary occurs when a person enters a dwelling or conveyance of another and at the time of entering the defendant had the intent to commit an offense in the dwelling.

What is a Dwelling, Structure or Conveyance?

“Dwelling” means a building of any kind. “Structure” means a building of any kind either temporary or permanent that has a roof and cartilage.  “Conveyance” is any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

Inference of Criminal Intent

When a suspect enters or attempts to enter a dwelling, conveyance, or structure stealthily, a jury is entitled to infer that the suspect’s actions were undertaken with criminal intent.

Penalties for Burglary

Burglary is a first degree felony with penalties of up to life in prison if:

  • The defendant commits an assault or battery upon any person; or
  • Defendant is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
  • Uses a motor vehicle as an instrumentality other than merely a getaway vehicle to assist in committing the offense damages the dwelling or structure; or
  • Causes damage to the dwelling or structure or to property within the dwelling or structure in excess of $1,000.

Burglary is a second degree felony with penalties of up to fifteen (15) years in prison or fifteen (15) years of probation and a $10,000 fine if the defendant enters or remains in a:

  • Dwelling and there is another person present at the time.
  • Dwelling and there is not another person in the dwelling at the time the offender enters or remains;
  • Structure, and there is another person present at the time.
  • Conveyance, and there is another person in the conveyance at the time.

Burglary is a third degree felony with penalties of up to five (5) years in prison or five (5) years of probation, and a $5,000 fine if the defendant enters or remains in a:

  • Structure and there is not another person in the structure at the time the offender enters; or
  • Conveyance, and there is not another person in the conveyance at the time the offender enters.

Defenses to Burglary in Florida

There are many defenses available to challenge a charge of burglary in Florida. You should not accept or enter without first speaking with us.

Common defenses to burglary in Florida include consent to enter, consent to property, identification issues and mistaken identity, no criminal intent, implied invitation of public place, mistake of fact as to location, mistaken permission of owner, and mistaken ownership of property.

Early Negotiation is Critical in a Possession of Weapon Defense in Florida

Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.

Call us even before you are charged if possible.  We may be able to avoid charges being filed.

We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.

We also happen to be Florida criminal law attorneys.

We are Miami Dade, Broward and Palm Beach criminal defense lawyers.

Our Florida criminal lawyers represent clients charged with burglary in Broward County, Miami Dade County and Palm Beach County.

We can help you.

We handle criminal law cases and burglary defense cases in Florida.

Call us.

We want to hear your story, and share ours.

State and Federal Criminal Defense
Arrest Warrants
Assault Criminal Assault in Florida
Aggravated Assault Criminal Defense in Florida
Simple Assault Criminal Defense in Florida
Battery Criminal Battery in Florida
Aggravated Battery Criminal Defense
Battery on a Law Enforcement Officer
Domestic Violence Battery
Felony Battery Criminal Defense in Florida
Battery on a Police Officer or Law Enforcement in Florida
Domestic Battery by Strangulation
Burglary in Florida
Possession of Burglary Tools in Florida
Conspiracy Criminal Conspiracy in Florida
Criminal Mischief in Florida
Driving Under the Influence in Florida
First Offense Driving Under the Influence DUI in Florida
Drug Possession Charges in Florida
Possession of Marijuana in Florida
Cultivation of Cannabis in Florida Cultivation of Marijuana
Possession of Cocaine in Florida
Possession of Drug Paraphernalia Criminal Defense in Florida
Drug Trafficking Defense Federal and Florida
Trafficking in Oxycodone Defense
Trafficking in Cannabis Defense
Trafficking in Ecstasy, Molly, or MDMA in Florida
Trafficking in Methamphetamine in Florida
Trafficking in Cocaine in Florida
Trafficking in Hydrocodone in Florida
Resisting Arrest
Resisting with Violence
Resisting without Violence
Theft Crimes
Petit Theft in Florida
Grand Theft in Florida
Dealing in Stolen Property in Florida
Violation of Probation
Weapons Charges and Firearm Charges in Florida
Carrying a Concealed Firearm In Florida
Discharging Firearm in Public Defense
Improper Exhibition of a Firearm Defense
Shooting or Throwing a Missile in Florida
White Collar Crimes

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