Orlando Burglary Defense Attorney

Burglary, commonly referred to as “breaking and entering,” is a serious felony offense in Florida, with life changing consequences including a jail or prison sentence, probation, fines, and a life-altering felony conviction. Burglary cases are aggressively prosecuted by the State Attorney’s Office, and it is critical that you have an experienced and knowledgeable criminal defense attorney on your side to protect your rights and fight for your freedom.

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:

1. 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
2. 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.

Defenses to Burglary

Defenses in burglary cases are fact specific and unique to each case, but some common defenses include consent to enter and remain in the premise, identity of the person who actually committed the crime, a lack of criminal intent, and insufficiency of the evidence.

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.

Central Florida Justice Can Help

Burglary is a serious felony offense. Central Florida Justice founding attorney Ben Baxter is a former Prosecutor and criminal defense attorney. He has experience representing clients accused of burglaries ranging from third degree felonies to punishable by life first degree felonies throughout Central Florida. As a former prosecutor, he knows how the State Attorney’s Office approaches burglary cases. Now he uses that knowledge to protect his clients’ rights and fight for their freedom.

Ben also understands 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.

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.