Central Florida Criminal Defense Attorney
A burglary conviction can carry severe penalties, which is why it’s important to have a skilled defense attorney on your case. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case.
Burglary of a dwelling, structure, or conveyance is a serious criminal offense in Florida. If you are convicted of Burglary in Florida, you could face serious penalties, including court and reparation fines and time in jail or prison. Hiring an experienced Orlando defense attorney can make all the difference in getting your case dismissed. In this comprehensive guide, we’ll outline the definition, penalties, and defense strategies associated with burglary charges in Florida.
Our legal team at Frost Law is committed to defending individuals facing burglary charges in Central Florida. We handle a wide range of cases related to burglary of dwellings, structures, and conveyances. Some of the specific cases we defend include:
Each case is unique, and our experienced defense attorney will design a defense strategy to address the specific circumstances of your case. If you are charged with burglary or a related offense, do not hesitate to contact us for expert legal representation.
Under Florida law, burglary is defined under Section 810.02 of the Florida Statues as “entering a dwelling, structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.” It’s important to understand the key terms in this definition:
It is important to note that a full entry into a building, structure, or conveyance is not required. The crime can be committed even if the defendant extends any part of their body into the structure or vehicle.
Moreover, if a suspect enters or attempts to enter a dwelling, conveyance, or structure stealthily, a jury can infer criminal intent. This means that the prosecution can argue that the suspect had intent to commit a crime.
The penalties for burglary in Florida are determined by various factors, including the type of building or structure, the manner in which the offense is committed, and whether a weapon is involved. Here’s a breakdown of the penalties associated with burglary charges:
Burglary of a Structure/Conveyance: Classified as a 3rd Degree Felony in Florida and punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine when a person enters or remains in a structure or conveyance when no other person is present.
Burglary of a Dwelling: Classified as a 2nd Degree Felony in Florida and punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine when a person enters or remains in a dwelling with or without another person present, or enters or remains in a structure or conveyance with another person present.
Armed Burglary: Classified as a 1st Degree Felony in Florida and punishable by up to life in prison when the offender commits an assault or battery on a person, becomes armed with a dangerous weapon while in the dwelling, structure or conveyance or causes damage to the dwelling or structure in excess of $1,000.
When facing burglary charges, it’s essential to explore various defense strategies to protect your rights and secure the best possible outcome. Frost Law is committed to providing comprehensive legal assistance, and some of the common defenses we employ include:
Permission, Consent or Invitation: If you entered or remained in the location with the owner’s or occupant’s permission, consent, or invitation, it can serve as a defense against burglary.
Identification: Challenging the prosecution’s ability to prove your identity as the perpetrator or asserting that you were mistakenly identified as the perpetrator.
Innocent/Non-Criminal Intent: Demonstrating that your actions did not involve the intent to commit a crime.
Implied Invitation of a Public Place: If the location in question was open to the public, arguing that there was an implicit invitation to enter or remain, which can serve as a defense.
Legitimate Presence: Establishing that you had a legitimate reason to be present in the location.
Mistaken Whereabouts: Showing that you genuinely believed you were in a different location.
Mistaken Belief as to Permission: Arguing that you had a sincere belief that you had permission from the owner or occupant to enter or remain.
Implied Permission: Contending that you had a reasonable belief in implied permission to be in the location.
Facing a burglary charge can be a daunting experience, but having a skilled attorney by your side can make a significant difference in the outcome of your case. Attorney Frost can provide essential assistance in the following ways:
Frost Law is dedicated to defending individuals facing burglary charges in Central Florida. With our experienced legal team, you can access a wealth of knowledge, resources, and effective defense strategies tailored to your specific case. If you’re accused of burglary or related offenses, contact us today to protect your rights and secure the best possible outcome for your case.
Attorney Frost is dedicated to providing strategic and personalized representation, guiding you through the legal process with expertise and compassion.
Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing burglary charges in Florida, don’t face it alone. Contact Frost Law for a confidential consultation, and let us help you protect what matters most.
Burglary involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime. This intent to commit a crime inside the location is a key element that sets burglary apart from other property crimes.
Yes, you can be charged with burglary even if you didn’t steal anything. The crucial factor is the intent to commit a crime upon entering the location. Whether or not you successfully carried out the crime is a separate issue.
A first-degree felony burglary conviction can result in life imprisonment, especially if certain aggravating factors are present, such as assault, use of explosives, or causing significant property damage.
Self-defense may be used as a defense, but it depends on the circumstances. It’s essential to consult with a knowledgeable attorney to assess the viability of a self-defense claim in your specific case.
If you’re charged with burglary, the first step is to consult with an experienced criminal defense attorney. They can guide you through the legal process, evaluate your case, and help you build a strong defense.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
Serving Orange County, Lake County, Seminole County, Osceola County, Brevard County & Polk County