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Burglary Defense Lawyer Serving Escambia, Santa Rosa, Okaloosa & Walton Counties
Burglary charges in Florida are serious criminal offenses that can lead to severe penalties, including lengthy prison sentences and hefty fines. However, burglary is often misunderstood and frequently confused with theft or robbery. Understanding what constitutes burglary and how it differs from other property crimes is essential for anyone facing these charges or seeking to protect their legal rights. At Mitkevicius Law, PLLC, we are dedicated to helping individuals accused of burglary build a strong defense. Attorney Josef Mitkevicius has the experience and knowledge to challenge the prosecution’s case and fight for your future.
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What is Burglary Under Florida Law?
Under Florida Statute § 810.02, burglary is defined as the unlawful entry into a dwelling, structure, or conveyance with the intent to commit an offense inside. Unlike theft or robbery, burglary does not necessarily involve taking property or using force against a person. Instead, the key element of burglary is intent.
Key Elements of Burglary Cases
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Unlawful Entry: Entering a property without permission, or remaining after permission has been revoked.
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Intent to Commit a Crime: The crime does not have to be completed; intent alone can result in burglary charges.
How is Burglary Different from Robbery or Theft Charges?
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Theft involves unlawfully taking someone else’s property with the intent to permanently deprive them of it.
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Robbery involves using force or intimidation to take property directly from someone.
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Burglary, by contrast, focuses on unlawful entry with criminal intent, regardless of whether any property is taken or violence occurs.
Common Burglary Offenses in Florida
Florida law recognizes several types of burglary, categorized by the type of property and the circumstances surrounding the offense.
Burglary of a Dwelling
This includes breaking into or unlawfully entering a home, apartment, or any living space intended for habitation.
Burglary of a Structure
This applies to buildings not used for habitation, such as offices, warehouses, or detached garages.
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Burglary of a Conveyance
This involves unlawful entry into vehicles, boats, or other transportable properties.
Armed Burglary
If the offender is armed with a weapon or becomes armed during the commission of a burglary, the charge is significantly enhanced.
Aggravated Burglary
Includes cases where the offender causes property damage over $1,000, assaults someone, or uses a motor vehicle to facilitate the burglary.
Degrees of Burglary Charges in Florida
The severity of burglary charges depends on the circumstances of the offense, such as whether the property was occupied or if a weapon was involved.
First-Degree Felony Burglary
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Involves assault or battery, use of a dangerous weapon, or significant property damage.
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Penalties: Up to life imprisonment and substantial fines.
Second-Degree Felony Burglary
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Typically involves breaking into an occupied dwelling or structure.
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Penalties: Up to 15 years in prison and fines of up to $10,000.
Third-Degree Felony Burglary
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Applies to unoccupied structures or conveyances.
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Penalties: Up to 5 years in prison and fines of up to $5,000.
Penalties for Burglary in Florida
Burglary is always charged as a felony in Florida, with penalties ranging based on the degree of the offense and any aggravating factors.
Standard Penalties You Can Encounter
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First-Degree Felony: Life imprisonment, fines up to $10,000.
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Second-Degree Felony: 15 years in prison, fines up to $10,000.
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Third-Degree Felony: 5 years in prison, fines up to $5,000.
Can Enhanced Penalties Apply to My Case?
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Use of a weapon during the burglary.
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Burglary committed during a riot or state of emergency.
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Prior criminal history.
How Can I Defend Against Burglary Charges in Florida?
Facing burglary charges doesn’t mean you’re automatically guilty. A skilled defense attorney can use several strategies to challenge the prosecution’s case.
You Did Not Intend to Commit a Crime
If the prosecution cannot prove that you intended to commit a crime inside the property, the burglary charge may not stand.
You Had Consent or Permission to Enter
If you had the owner’s permission to enter the property, this could be a valid defense against burglary charges.
The Alleged Victim Mistook You For Someone Else
You may be able to establish an alibi or challenge the credibility of witness statements if you were wrongly identified as the perpetrator.
There Was No Unlawful Entry Committed
If the premises were open to the public, entering may not qualify as burglary under Florida law.
FAQs About Burglary Charges in Florida
What is the difference between burglary, theft, and robbery?
Burglary involves unlawful entry with the intent to commit a crime. Theft is unlawfully taking someone’s property, while robbery involves using force or intimidation to take property directly from someone.
Can I be charged with burglary if I didn’t steal anything?
Yes. The intent to commit a crime inside the property is enough for a burglary charge, even if no property was taken.
What happens if I had permission to enter but stayed after being asked to leave?
Remaining on the property after permission is revoked, with the intent to commit a crime, can still lead to burglary charges.
What is an armed burglary?
Armed burglary occurs when someone is armed with a weapon during the burglary or becomes armed while committing the crime. This significantly increases the severity of the charges.
Can I face enhanced penalties for burglary?
Yes. Factors like using a weapon, committing the crime during a riot, or having prior convictions can lead to enhanced penalties.
How Attorney Josef Mitkevicius Can Help in Your Burglary Case
If you are facing burglary charges in Florida, it’s crucial to have an experienced criminal defense lawyer on your side. Attorney Josef Mitkevicius has a proven track record of defending clients against serious charges, including burglary.
We Will Build a Strong Defense
Attorney Mitkevicius will investigate the circumstances of your case, identify weaknesses in the prosecution’s evidence, and craft a defense tailored to your situation.
We Will Negotiate for Reduced Charges
When appropriate, Attorney Mitkevicius can negotiate with prosecutors to reduce your charges or penalties, potentially avoiding a felony conviction.
We Will Protect Your Rights
From challenging unlawful searches to ensuring a fair trial, Attorney Mitkevicius is dedicated to protecting your constitutional rights.
Contact A Orlando Defense Lawyer Today
Burglary charges are serious, but you don’t have to face them alone. Attorney Josef Mitkevicius has the experience, knowledge, and dedication to fight for your rights and work toward the best possible outcome for your case.
Call Mitkevicius Law, PLLC today for a free consultation at 850-361-2142. Let us help you take the first step toward protecting your future.
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