Orlando Burglary Defense Attorney
Former Prosecutor | Over 10 Years of Experience | More than 40 Trials
If you have been arrested for burglary, the decisions you make, even before your first court date, can affect your criminal case and your future.
Central Florida Justice founder Ben Baxter is a former prosecutor who has handled thousands of criminal cases. He understands how burglary cases are investigated, charged, and prosecuted.
Burglary
Burglary, commonly referred to as “breaking and entering,” is a serious felony offense in Florida that can be charged as a 1st, 2nd, or 3rd degree felony.
A burglary charge often has severe consequences including a jail or prison sentence, probation, fines, and a potential life-altering felony conviction. In some situations, even an arrest for burglary may affect how a person is perceived by others who learn of the allegation.
Burglary cases are aggressively prosecuted by the State Attorney’s Office. Speaking with an experienced criminal defense attorney before your first court date can be critical to developing an effective defense strategy.
Burglary under Florida Law
Burglary (Florida Statute 810.02) can be charged as a 3rd degree felony, 2nd degree felony, or a punishable by life 1st degree felony depending on the circumstances.
To prove the crime of burglary, the prosecution must establish beyond a reasonable doubt that:
- The accused entered a dwelling, structure, or conveyance owned or in the possession of another, with the intent to commit a criminal offense within; or
- The accused lawfully entered a dwelling, structure, or conveyance and remained inside with the intent to commit a criminal act within
Burglary Terms explained
Entry
Entry does not require the entirety of a person’s body to be within the dwelling, structure, or conveyance. The crime has been committed if any part of the accused’s body extends into the premise
stealth
The Jury can infer that the accused had the requisite criminal intent if they enter a dwelling, structure, or conveyance in a stealthy manner.
Dwelling
A dwelling is a building which has a roof over it and is designed to be occupied by people lodging within it at night. This building can be temporary or permanent and can be mobile or immobile. The dwelling also includes the enclosed space of ground and outbuildings immediately surrounding it.
Simply put, a dwelling may include any building in which people are intended to sleep and the immediately adjacent land within a fenced yard or a detached garage or carport.
Structure
A structure is a building of any kind with a roof over it and includes the curtilage thereof. This means that a structure is any store, warehouse, office, or other roofed building where people are not intended to sleep at night.
Curtilage
Curtilage can be either “enclosed” or “unenclosed,” but the distinction can have life-altering consequences, and the lack of an enclosed curtilage may be an important part of the defense of a burglary of a dwelling charge.
Conveyance
A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.
Bond in Burglary Cases
Burglary is a serious felony under Florida law. As a result, if you are arrested for this offense, you typically will not be released from custody until you appear before a Judge at a first appearance hearing. This hearing is typically held within 24 hours of an arrest.
At first appearance, the Judge will determine whether probable cause existed for the arrest, decide whether to set bond, and determine the conditions of your release. The prosecutor may argue for a higher bond or that no bond be set in certain circumstances. Your attorney can also present information about your background, ties to the community, employment, and other factors supporting a lower bond or less restrictive conditions of release.
In some burglary cases, the prosecution may ask the court to impose something called a “Nebbia hold,” which requires that the person posting the bond demonstrate that the funds used to post the bond or pay the bondsman are from legitimate sources.
If you hire a private criminal defense attorney before your first appearance, that attorney can begin investigating your case immediately, advocate for more favorable release conditions, and present information to prosecutors that may persuade them to reduce charges or even decline prosecution altogether.
Defenses to Burglary
Defenses in burglary cases are fact specific and depend on the unique circumstances of each case. Some common defenses include consent to enter and remain in the premises, mistaken identity, a lack of criminal intent, and the insufficiency of the evidence to prove the case beyond a reasonable doubt.
Consent To Enter
Depending on the facts of your case, consent to enter may be a defense to a burglary charge in Florida.
To convict someone of a burglary charge in Florida, prosecutors must prove beyond a reasonable doubt that the Defendant entered a structure, conveyance, or dwelling without permission or remained inside after permission was revoked.
If you were given consent to enter or remain on or in the property, that may provide a defense to a burglary charge. Whether consent existed often depends on witness testimony, the relationship between the parties, and the surrounding circumstances.
Lack of Criminal Intent
A burglary conviction also requires the State to prove that the Defendant entered or remained in a structure, dwelling, or conveyance with the intent to commit a crime inside.
In many cases, prosecutors rely on circumstantial evidence to establish criminal intent. For example, evidence that property was taken from a residence may support an inference that the Defendant entered intending to commit theft.
However, criminal intent is not always clear. An experienced criminal defense attorney can carefully scrutinize the evidence, depose witnesses, and analyze witness statements to determine whether the State can actually prove the required criminal intent beyond a reasonable doubt.
identity
Identity is an issue in every case, but it is particularly important in burglary cases.
Prosecutors often use forensic evidence like fingerprints or DNA to identify the person responsible for the offense. In other cases, they may introduce surveillance footage from security systems or nearby businesses.
The existence of forensic evidence or video footage does not automatically make it reliable or admissible in court. The State must still satisfy Florida’s evidentiary rules before that evidence can be presented to a jury.
An experienced criminal burglary defense attorney understands how to challenge forensic evidence, question the reliability of eyewitness identifications, and object to evidence that was improperly collected or tested.
Penalties for Burglary
Third Degree Felony
Burglary is a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine if the accused enters or remains in an unoccupied structure or conveyance.
Second Degree Felony
Burglary is a 2nd degree felony punishable by up to 15 years in prison and a $10,000 fine when the accused enters or remains in a dwelling (regardless of whether or not it is occupied), an occupied structure, or an occupied conveyance.
First Degree Felony
Burglary is a 1st degree felony punishable by up to life in prison when the accused commits a burglary, and, during the commission of the offense:
- Commits an assault or battery up on any person (Burglary with an Assault/Battery;
- Is, or becomes, armed with a weapon within the dwelling, structure, or conveyance (Armed Burglary);
- Enters an occupied dwelling or structure and either uses a vehicle as an instrumentality to gain entry or causes damage to the dwelling or structure in excess of $1,000.
A Former Prosecutor On Your Side
As a former prosecutor with over 40 trials and more than 10 years of experience in criminal law, Ben Baxter knows how the State Attorney’s Office prosecutes burglary cases.
He does not simply react to the case as it unfolds, he uses his experience as a prosecutor to anticipate the State’s strategy, identify weaknesses in the evidence, and develop a proactive defense tailored to the facts of each case. As your attorney, he will:
- Represent you at first appearance and bond hearings;
- Conduct an independent investigation;
- Review witness statements and physical evidence;
- Depose witnesses to uncover inconsistencies and additional evidence;
- Examine whether your Constitutional rights were violated;
- Negotiate with prosecutors when appropriate; and
- Prepare your case for trial when necessary.
Central Florida Justice Can Help
Central Florida Justice founder Ben Baxter understands how burglary cases are investigated, charged, and prosecuted; and he works quickly to advocate for clients at First Appearance hearings to fight for favorable bond conditions so that his clients can get out of jail and reunite with their families.
Because these cases can hinge on eyewitness testimony and limited physical evidence, early strategic legal representation is essential. Ben Baxter has the knowledge and experience to defend his clients’ rights and fight for their futures and their freedom.
Central Florida Justice believes that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
Every burglary case is different. An arrest is not a conviction, and early intervention by an experienced defense attorney can make a meaningful difference in how a case is resolved.
If you or someone you know has been arrested for burglary, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.
