West Palm Beach
Burglary
Attorney
Burglary is one of the most seriously prosecuted property crimes in Florida. It is always charged as a felony, and depending on the circumstances, it can carry up to life in prison. If you have been charged with burglary in South Florida, understanding what the State must prove and where a defense can be built is critical.
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How Florida Defines Burglary
Under § 810.02, Fla. Stat., burglary means entering a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the defendant was licensed or invited to enter. It also includes remaining inside a dwelling, structure, or conveyance surreptitiously with criminal intent, remaining after permission to stay has been withdrawn, or remaining to commit or attempt to commit a forcible felony.
Several things about that definition are worth understanding. First, nothing has to be stolen. The charge is complete at the moment of unlawful entry with criminal intent, regardless of whether any offense inside is completed. Second, you do not have to force your way in. Walking through an open or unlocked door with the intent to commit an offense inside is still burglary. Third, even a lawful entry can become burglary if you remain after permission is withdrawn with the intent to commit an offense.
Florida law covers three types of locations: dwellings, which are structures designed for people to lodge in at night; structures, which are any building with a roof; and conveyances, which include motor vehicles, boats, trailers, and aircraft.
How Burglary Is Classified in Florida
Third-Degree Felony, carrying up to five years in prison, applies when the offender enters or remains in an unoccupied structure or an unoccupied conveyance, without committing an assault, battery, or becoming armed.
Burglary committed during a riot or a declared state of emergency is subject to reclassification one level higher under the statute.
What the State Must Prove
To convict someone of burglary, the State must prove beyond a reasonable doubt that the defendant entered or remained in a dwelling, structure, or conveyance; that the entry or remaining was unlawful; and that at the time of entry or remaining, the defendant intended to commit an offense inside. Intent is the critical element. It must exist at the moment of entry, and it is often the focal point of the defense.
Common Defenses
Lack of intent is the most powerful defense available in a burglary case. If the defendant entered a location for a lawful reason, by mistake, or without any plan to commit an offense inside, the State cannot establish the intent element. Without intent, there is no burglary, though trespass charges may still apply.
Consent or permission to enter defeats the unlawful entry element. If the defendant was invited in, had a key, or had any form of authorization to be on the premises, the burglary charge cannot stand. Consent is an affirmative defense, meaning once the defendant presents evidence of it, the State must disprove it beyond a reasonable doubt.
Open to the public is a related defense. If the premises were open to the public at the time of entry, the entry is not unlawful under the statute, regardless of what the defendant may have intended once inside
Misidentification arises frequently in burglary cases, particularly when the defendant was not caught at the scene. Surveillance footage, fingerprint evidence, and eyewitness identifications are all subject to challenge. These forms of evidence are less reliable than prosecutors often present them to be.
Insufficient evidence applies when the State cannot connect the defendant to the offense through competent, admissible proof. Proximity to the scene, prior bad acts, or circumstantial evidence alone may not be enough to sustain a conviction.
Unlawful search and seizure can undermine the prosecution’s case if the evidence was obtained through a stop, search, or arrest that violated the defendant’s constitutional rights.
Related Offenses
Burglary charges often come alongside other charges. Theft, battery, assault, possession of burglary tools under § 810.06, and possession of stolen property are all commonly charged in the same case. Each additional charge carries its own penalties and requires its own defense analysis.
If the alleged burglary involved a weapon or resulted in injury to another person, the exposure increases dramatically, and the case requires immediate and aggressive attention.
Talk to a Burglary Defense Attorney
A burglary conviction is a felony conviction, and the penalties reflect that. Early intervention by an attorney gives you the best chance at a favorable outcome, whether that means a reduction, a dismissal, or a strong trial defense.
Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.
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