Burglary is a felony in Florida that generally involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit another offense inside. A conviction can carry up to 30 years in prison in the most serious cases. An Orlando burglary lawyer can examine whether the prosecution can prove unlawful entry and criminal intent, challenge the evidence, and pursue a dismissal, reduced charge, or other favorable outcome when possible.
How the Law Offices of Jose E. Lopez Handles Burglary Charges
The Law Offices of Jose E. Lopez, P.A. defends people accused of burglary throughout Orlando and Orange County. We will investigate what happened, explain the charges you face, and develop a defense based on the facts of your case.
When you work with our firm, you receive:
- One-on-one representation from Attorney Lopez
- Nearly two decades of Florida criminal law experience
- Thorough investigation of the prosecution’s evidence
- Representation in Orlando and Orange County courts
- Service in English and Spanish
If you have been charged with burglary, contact us today for a free consultation.
What Is Burglary Under Florida Law?
Under Florida Statute § 810.02, burglary generally occurs when someone enters a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the person is licensed or invited to enter.
Burglary may also involve remaining somewhere after permission to be there has been withdrawn when other statutory requirements are met.
A dwelling generally includes a building or conveyance designed for people to lodge in at night. A structure includes certain roofed buildings, while a conveyance can include a motor vehicle, vessel, railroad car, or aircraft.
Importantly, burglary does not require someone to steal property. The prosecution’s case can instead depend on proving that the defendant intended to commit another offense after entering or remaining on the property.
What Are the Different Degrees of Burglary in Florida?
The circumstances surrounding the alleged burglary determine the degree of the charge.
First-Degree Felony Burglary
Burglary may become a first-degree felony punishable by up to life in prison in certain circumstances, including when the defendant allegedly commits an assault or battery or is armed with a dangerous weapon or explosives during the burglary. Other conduct specified by Florida law can also elevate the offense.
Second-Degree Felony Burglary
Burglary can be a second-degree felony when the allegations involve certain dwellings or occupied structures or conveyances without the circumstances required for first-degree burglary. A second-degree felony generally carries up to 15 years in prison and a $10,000 fine.
Third-Degree Felony Burglary
Certain burglaries of unoccupied structures or conveyances may be third-degree felonies when no assault or battery occurs, and the accused is not armed. A third-degree felony can carry up to five years in prison and a $5,000 fine.
What Are the Penalties for Burglary in Florida?
The potential sentence depends heavily on how the offense is classified.
| Burglary Charge | Potential Maximum Prison Term |
| Third-degree felony | 5 years |
| Second-degree felony | 15 years |
| First-degree felony | 30 years, or in qualifying cases, life |
A conviction can also result in fines, probation, and a felony criminal record. The specific sentence depends on the charge, circumstances of the offense, prior record, and Florida sentencing rules.
What Are Common Defenses to Burglary Charges?
An arrest does not establish that a burglary occurred. The prosecution must prove every required element of the offense. Potential defenses against burglary charges in Florida include:
No Intent to Commit a Crime
Intent is often a central issue. Entering a building is not enough by itself. If prosecutors cannot prove the required criminal intent, the burglary charge may be challenged.
Permission to Enter
Burglary generally requires entry or remaining without authorization under circumstances covered by the statute. Evidence that the owner or another authorized person invited or permitted the defendant to enter can undermine the prosecution’s theory.
Mistaken Identity
Burglary cases may rely on surveillance footage, eyewitness identifications, fingerprints, DNA, or circumstantial evidence. A defense attorney can challenge whether that evidence actually identifies the accused.
Insufficient or Unlawfully Obtained Evidence
The defense may challenge unreliable witnesses, weak forensic evidence, or assumptions about what happened inside the property. Evidence obtained through an unconstitutional search or seizure may also be subject to suppression.
What Should You Do After a Burglary Arrest in Orlando?
Do not try to explain the situation to investigators without speaking with an attorney. Statements intended to establish innocence can instead become evidence concerning entry, presence at the scene, or alleged intent.
Preserve texts, photographs, location data, communications with the property owner, and other evidence that could show why you were at the location or whether you had permission to enter.
An attorney can then compare that evidence with police reports, witness accounts, surveillance footage, and the prosecution’s theory before determining how to challenge the charge.
Talk to an Orlando Burglary Defense Lawyer
A burglary conviction can expose you to years in prison, but the prosecution still has to prove the charge. Questions about permission, intent, identification, and the manner in which evidence was obtained may materially affect the case.
The Law Offices of Jose E. Lopez, P.A. defends clients accused of burglary in Orlando and throughout Orange County. The sooner you contact us, the sooner we can begin building your defense.
Orlando Burglary FAQs
Do you have to break into a building to be charged with burglary?
No. Breaking a door or window is not required. A burglary allegation can arise from entering or remaining in qualifying premises without authorization while possessing the required criminal intent.
Is burglary the same as theft?
No. Theft involves unlawfully taking or using another person’s property. Burglary focuses on entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense inside. A person can therefore face burglary allegations even when nothing was stolen.
Can burglary charges be reduced or dismissed?
Potentially. A reduction or dismissal may be possible when the prosecution cannot establish an element such as intent or unauthorized entry, identification evidence is unreliable, evidence was obtained unlawfully, or other weaknesses exist in the case.