Florida Burglary Lawyer

Many people think that burglary is a type of theft. While people may commit burglary to steal things, burglary is a property offense. It requires entering a building without permission in order to commit a crime. 

Burglary is a felony offense with severe penalties, including lengthy prison sentences and expensive fines. Additionally, the state often charges burglary alongside other crimes that they allege the defendant entered the premises to commit. A Florida burglary lawyer could help you fight those charges, as well. Reach out to an experienced criminal defense attorney today to discuss your case.

What Is Burglary?

Under Florida Statutes § 810.02, burglary means illegally entering a building, dwelling, conveyance, or structure with the intent to commit a crime. Even if they legally entered the building, remaining inside it with the intent to commit a crime is also burglary. 

This crime has two elements. The first element is entering, and the second is having the intention to commit a crime. A defendant does not have to commit the crime to be guilty of burglary. The state must prove that the defendant intended to commit a crime. 

Proving intent is more accessible than most people realize. If a defendant does not have a legitimate and legal reason to be on the property, the factfinder might assume criminal intent. So, even though the elements require the state to prove intent, without a skilled Florida burglary attorney, they may get a conviction without that proof. 

Types of Burglary

The state separates burglary into three different categories, depending on the type of property the defendant enters. The three categories are dwellings, conveyance, and structures not designed for dwelling.

A dwelling is a place where someone lives. It can be as large as a building or as small as a mobile home, camper, or tiny house. Entering any part of the dwelling counts as burglary, so even entering an attached porch can count. 

A conveyance is a vehicle that moves people. Cars, trucks, boats, motor homes, and campers are all conveyances. So are railroad cars, ships, and aircraft. 

Structures are buildings where people do not live. Business buildings are structures. So are outbuildings, such as sheds or detached garages. If a building has a roof, it is a structure for the statute’s purposes. 

The type of building is essential because it impacts how the prosecutor will charge the crime. The penalty for breaking into dwellings is higher than for other types of buildings. A knowledgeable burglary lawyer in Florida can explain the different factors that impact charges, such as whether there was any violence and if a defendant has any prior convictions. 

Burglary, DNA, and the Statute of Limitations

Generally, the state must begin any burglary prosecutions within four years of the date of the crime. However, the development of DNA evidence changed that rule. Now, the state can preserve prosecutions against defendants by collecting DNA evidence. Then, once they can identify the defendant using DNA, they can then prosecute them. 

This change effectively removes the statute of limitations for potential defendants who leave behind DNA evidence at the scene. Since DNA transfer is highly likely, this rule impacts many defendants. A seasoned burglary attorney in Florida can explain the role of DNA evidence in burglary prosecutions and defense strategies for combatting its implications. 

Enlist the Help of a Florida Burglary Attorney

Although the state has an advantage in burglary prosecutions because of the intent element, there are some defenses to these charges. After discussing the facts with you, a Florida burglary lawyer can recommend the defense available to you. 

Some common defenses to consider are that the premises did not fall under the statute, that you had permission to be there, or that you did not enter the building intending to commit a crime. Schedule a consultation today to learn more about your rights and how an attorney can help.