How a Florida Burglary Attorney Can Help You Fight the Charges and Protect Your Future

Facing a burglary charge in Florida can shake your entire world. If you’re here, chances are you or someone you care about has been accused of unlawfully entering a property. You may be wondering what happens next, what defenses apply, and how to protect your freedom. As a Florida burglary attorney, I know how aggressive the state can be in prosecuting these cases. You need someone who understands the laws, knows the court system, and has the determination to push back hard on the prosecution’s claims.

Let’s walk through what you’re up against, the defenses that may apply, and how having the right defense lawyer can make all the difference.

Understanding Florida’s Burglary Statute

Florida Statute § 810.02 defines burglary as:

“Entering a dwelling, a structure, or a 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.”

Under this statute, burglary is not just about breaking a window or forcing open a door. Even walking through an unlocked door with the intent to commit a crime inside can lead to a burglary charge.

The degree of the offense depends on several factors, such as whether the structure was occupied, if a weapon was involved, or if assault or battery occurred. Here’s a breakdown:

  • Burglary of a dwelling is a second-degree felony.
  • Burglary with assault, battery, or weapon becomes a first-degree felony.
  • Burglary of an unoccupied structure or conveyance can be a third-degree felony.

With stakes this high, the defense strategy has to be precise and aggressive. That’s where I come in.

Why You Need a Private Florida Burglary Attorney From the Start

Florida burglary charges don’t go away on their own. The State Attorney’s Office often pushes hard for prison time, especially if there’s a prior record or aggravating factors. Having a public defender may not give your case the attention it needs. A private Florida burglary attorney can spend the time necessary to review all the facts, interview witnesses, gather evidence, and push for dismissal, reduction, or acquittal.

I’ve represented clients throughout Florida facing burglary charges. Each case is different, and every client deserves a personalized, well-developed defense.

Common Defenses to Burglary Charges in Florida

There is no one-size-fits-all defense, but here are several strategies I’ve used successfully to challenge burglary allegations:

1. Consent or Invitation to Enter

If you had permission to be on the property, the burglary charge collapses. Florida law requires that the entry be unlawful. If I can present evidence that the alleged victim allowed you to enter or if you had a key or prior history of entry, we can fight for dismissal.

2. Lack of Intent to Commit a Crime

The prosecution must prove that you intended to commit a separate offense once inside. Simply entering without that intent is not burglary. Maybe you walked in looking for someone or were confused about the location. These facts can be critical.

3. Mistaken Identity

Burglary cases often involve poor video footage or mistaken eyewitness identification. If your arrest was based on shaky identification, I’ll bring in experts, challenge the lineup process, and argue reasonable doubt.

4. No Breaking and Entering

If the place was open to the public or unlocked and there’s no solid proof of intent to commit a crime inside, then the burglary charge is weak. Florida law recognizes that walking into a store or building open to the public is not criminal.

5. Alibi Defense

If you were somewhere else at the time of the alleged burglary and we can prove it, we present an alibi. Surveillance footage, phone GPS records, or credible witnesses can help dismantle the prosecution’s case.

6. Illegal Search and Seizure

If the police found evidence by violating your Fourth Amendment rights, I’ll file a motion to suppress that evidence. Without it, the entire case could fall apart. This is one of the most effective tools a private attorney has.

How Florida Law Penalizes Burglary

Here’s how harsh the penalties can be under Florida Statutes:

  • Third-degree felony burglary: Up to 5 years in prison and a $5,000 fine.
  • Second-degree felony burglary: Up to 15 years in prison and a $10,000 fine.
  • First-degree felony burglary: Up to life in prison if the burglary involves assault, battery, or use of a deadly weapon.

In addition to incarceration, you may face probation, restitution, and a permanent felony conviction on your record. That can affect job opportunities, housing, education, and more.

A skilled defense lawyer can press for alternatives such as diversion programs, pre-trial intervention, or reduced charges that don’t carry the same lifelong consequences.

A Real Case We Won

A client was charged with burglary of an occupied dwelling after allegedly entering his ex-girlfriend’s apartment to retrieve his belongings. The prosecution claimed he had no right to enter and intended to commit theft. We gathered text messages showing ongoing communication between them, including messages where she told him to come over and “get your stuff.”

The police had also conducted a questionable search of his car, where they claimed to find tools associated with break-ins. We filed a motion to suppress the evidence, arguing they lacked probable cause for the search. The judge agreed and ruled the search unconstitutional.

With the suppressed evidence and our argument that he had consent to enter, the State Attorney dropped the burglary charge entirely. My client avoided a felony record, jail time, and was able to move on with his life.

That’s the kind of result we work for in every case.

How a Florida Burglary Attorney Builds a Winning Defense

A private burglary defense lawyer does far more than just show up in court. Here’s what I do for every client:

  • Review all discovery and law enforcement reports for errors or gaps
  • Interview all relevant witnesses, including those who may help you
  • File suppression motions to challenge illegal searches or flawed procedures
  • Negotiate with prosecutors for reduced charges or pre-trial diversion
  • Prepare aggressively for trial when necessary
  • Keep you informed and involved throughout the process

Without an attorney prepared to question every part of the case, you could end up taking a plea deal you regret for the rest of your life.

When Burglary Charges Are Stacked with Other Offenses

Burglary often comes with additional charges like theft, criminal mischief, or even assault. I’ve seen prosecutors try to use those to intimidate people into pleading guilty. By breaking down the prosecution’s case and identifying weaknesses, I can often get these charges separated or dismissed.

Even if a conviction seems likely, an experienced attorney can work to minimize the penalties, push for a lesser charge like trespass, or avoid prison altogether through sentencing mitigation.

Florida Burglary Attorney FAQs: Common Questions About Burglary Defense

What does the prosecution have to prove in a Florida burglary case?

The prosecution must prove that you entered a dwelling, structure, or conveyance, that you did so without permission, and that you intended to commit an offense once inside. All three elements must be met. If even one is missing or cannot be proven beyond a reasonable doubt, a jury should not convict you.

How can I fight a burglary charge if I didn’t steal anything?

Theft does not have to occur for burglary charges to be filed. Florida law focuses on the intent to commit any crime once inside the building. That could include battery, criminal mischief, or something else. But lack of actual theft can still be used to show a lack of criminal intent, which may support a defense strategy.

What’s the difference between burglary and trespassing in Florida?

Trespassing typically means entering or remaining on property without permission, but without the intent to commit a crime. Burglary requires that added element of criminal intent. I often fight to get a burglary charge reduced to a misdemeanor trespass charge when the facts support it, which can significantly reduce the penalties.

Do I still need a private attorney if this is my first offense?

Absolutely. First-time offenders are often eligible for diversion programs or reduced charges, but you only get one chance to handle your first criminal charge the right way. I’ve helped many clients avoid a permanent felony record by taking swift, early action. A public defender may not have the time to build a strong defense or pursue all available options.

Can a burglary charge be expunged or sealed in Florida?

If the charge is dropped, dismissed, or you are acquitted, you may be eligible to have your record sealed or expunged. However, a conviction, even through a plea, usually makes you ineligible. That’s another reason why fighting the charge from the very beginning is so critical. The outcome of your case determines whether you’ll carry that record for life.

What if I was drunk or under the influence when the alleged burglary happened?

Voluntary intoxication is not a legal defense under Florida law in most cases. However, being under the influence can raise questions about your ability to form intent, which is required for burglary. I look at the total picture, including whether the prosecution can actually prove intent at all.

How long does a burglary case take to resolve?

It depends on the facts, but most cases take several months. If the case goes to trial, it could take longer. I always move as quickly as possible while making sure we thoroughly investigate and prepare. I’ll also work to keep you out on bond and informed about every development along the way.

Will the victim have a say in whether charges are dropped?

The alleged victim can express their opinion, but only the State Attorney’s Office has the power to file or drop charges. That said, if the victim is not cooperating or doesn’t want to press charges, it can significantly weaken the case. I often use that to negotiate a favorable resolution.

Call a Florida Burglary Attorney Today Before It’s Too Late

If you’ve been arrested or believe you’re under investigation for burglary in Florida, you need to protect yourself now. The longer you wait, the more time the prosecution has to build their case.

Let’s start building yours.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.