Protecting Your Rights, Your Freedom, and Your Future
As a Florida criminal defense attorney who has handled some of the most serious burglary cases, I know how overwhelming it feels to face an aggravated burglary charge. Your reputation, career, and liberty are on the line. Prosecutors will move aggressively, and the penalties can include years behind bars, steep fines, and lifelong consequences. My role is to stand between you and the power of the state, to expose weaknesses in the prosecution’s case, and to fight for the best possible outcome, whether that means dismissal, reduction of charges, or mitigation of penalties.
Understanding Burglary and Aggravated Burglary Under Florida Law
The starting point is Florida Statutes Section 810.02, which defines burglary:
Florida Statutes §810.02(1):
“Burglary” means 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.
The law distinguishes levels of burglary. A burglary becomes aggravated when certain aggravating factors exist, such as being armed, committing an assault, or entering an occupied dwelling.
Specifically:
Florida Statutes §810.02(2):
Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment, if, in the course of committing the offense, the offender:
(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
(c) Enters an occupied or unoccupied dwelling or structure, and uses a motor vehicle to assist in committing the offense and thereby damages the dwelling or structure, or causes damage to the dwelling or structure in excess of $1,000.
What this means in plain terms is that aggravated burglary, sometimes called “armed burglary” or “burglary with assault,” carries some of the harshest punishments in Florida law. A conviction can put someone in prison for decades, even for life.
This is why anyone charged must have a strong, aggressive defense.
Why You Need a Private Attorney for Aggravated Burglary
A public defender may be assigned if you cannot afford an attorney, but these lawyers carry enormous caseloads. They often cannot devote the time and resources that a private defense firm like mine can. I build your case from the ground up, carefully reviewing every fact, every piece of evidence, and every legal argument to create a defense tailored to your situation.
The difference between a guilty plea and a dismissal, or between decades in prison and probation, often comes down to whether your lawyer has the time and skill to uncover flaws in the prosecution’s case.
Real Case Example
Several years ago, I represented a young man accused of aggravated burglary. The state alleged that he broke into a home armed with a knife. If convicted, he faced life imprisonment.
Upon investigating, I discovered that the knife was found in the yard, not in his possession, and no fingerprints tied him to it. Further, my client had been invited to the house earlier that evening, which meant the “unlawful entry” element of burglary was questionable. After filing motions to suppress and presenting evidence of the invitation, the prosecution agreed to reduce the charge dramatically to trespass, a misdemeanor. My client walked away with probation instead of a life sentence.
That outcome came from carefully scrutinizing the statute, the facts, and the weaknesses in the state’s evidence—something only an experienced private attorney can provide.
Potential Defenses Against Aggravated Burglary Charges
Every case is unique, but Florida law allows for several defenses that I have successfully used for clients, including:
Lack of Intent
Burglary requires the intent to commit a crime inside. If intent cannot be proven beyond a reasonable doubt, the charge may not stand.
Consent or Invitation
If you were invited onto the property, the “unlawful entry” element is missing.
Misidentification
Eyewitness identifications are notoriously unreliable. Cross-examination and expert testimony can cast doubt on the accuracy of identification.
Unlawful Search and Seizure
If evidence was gathered through an illegal search, I can move to suppress it under the Fourth Amendment and Florida law.
Weapon Was Not Used or Possessed
Aggravated burglary requires being armed or committing assault. If the weapon connection is weak, the charge may be reduced to simple burglary.
Duress or Coercion
If someone was forced into committing the act under threat of harm, this may serve as a defense.
Penalties and Consequences
Florida treats aggravated burglary as a first-degree felony. The penalties include:
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Up to life in prison
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Fines up to $10,000
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Restitution to alleged victims
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A permanent felony record
In addition to prison time, a conviction can prevent you from finding employment, obtaining housing, owning a firearm, or qualifying for many professional licenses. That is why it is critical to mount a defense aimed at reducing or eliminating these consequences.
Related Florida Statutes
Besides §810.02, other statutes may affect your case:
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§775.082 – Sentencing for felonies, including life sentences.
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§775.083 – Authorizes fines for felonies.
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§775.084 – Habitual offender statutes, which can enhance penalties.
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§810.08 – Trespass, which may be a lesser included offense.
These statutes provide avenues for negotiation. For example, if I can argue that your conduct was closer to trespass than burglary, the charges could be reduced dramatically.
Why Prosecutors Push Hard in These Cases
State attorneys treat aggravated burglary as a violent felony. They often seek the maximum penalties. Without an experienced attorney challenging every aspect of the case, you risk becoming another statistic in Florida’s overcrowded prison system. Prosecutors know that defendants who lack strong representation are more likely to plead guilty. My job is to level the playing field.
How I Approach Aggravated Burglary Cases
From the moment you hire me, I take steps to protect your rights:
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Investigating the facts independently
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Filing motions to suppress illegally obtained evidence
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Interviewing witnesses and securing favorable testimony
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Exploring all potential defenses under Florida law
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Negotiating with prosecutors from a position of strength
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Preparing for trial as though your future depends on it—because it does
Frequently Asked Questions About Aggravated Burglary in Florida
What is the difference between burglary and aggravated burglary in Florida?
Burglary is unlawfully entering a structure with the intent to commit a crime inside. Aggravated burglary occurs when aggravating factors are present, such as possession of a weapon or committing assault during the burglary. This enhancement makes the charge a first-degree felony, carrying the possibility of life imprisonment.
Can someone be charged with aggravated burglary without actually stealing anything?
Yes. Burglary does not require that property be taken. The offense is based on unlawful entry with intent to commit a crime. If a weapon is present or an assault occurs, it becomes aggravated burglary, regardless of whether anything is stolen.
If I was invited to the property, can I still be charged with burglary?
Generally, no. If you had valid consent to enter, the unlawful entry element is missing. However, prosecutors may argue that consent was revoked or limited. An attorney can challenge these claims and present evidence of your invitation.
What happens if the weapon belonged to someone else?
The prosecution must prove you possessed or used the weapon during the burglary. If the weapon was merely found nearby, without proof of possession, this can be a strong defense. I have successfully had charges reduced in such circumstances.
What if the alleged victim misidentified me?
Eyewitness misidentification is common. Lighting conditions, stress, and suggestive police procedures can lead to mistakes. A defense attorney can use expert testimony, cross-examination, and inconsistencies in witness statements to cast doubt on identification.
Can an aggravated burglary charge be reduced?
Yes. Through negotiations or by exposing weaknesses in the state’s case, charges can sometimes be reduced to burglary of a structure, burglary of a conveyance, or even trespass. This can mean the difference between life imprisonment and probation.
What if I never intended to commit a crime inside?
Intent is a key element of burglary. If prosecutors cannot prove intent beyond a reasonable doubt, the charge cannot stand. For example, if you entered to retrieve your own belongings, this may defeat the burglary allegation.
Is aggravated burglary always punishable by life in prison?
Not always. While it is classified as a first-degree felony punishable by life, sentencing depends on many factors: prior record, the facts of the case, whether violence occurred, and whether the state can prove the aggravating elements. A strong defense can help avoid the harshest penalties.
What role does a criminal history play in sentencing?
Florida’s habitual offender statute (§775.084) allows enhanced penalties for repeat offenders. This can mean mandatory minimums or longer prison terms. A defense attorney can argue against these enhancements where appropriate.
What if the police searched me without a warrant?
Unlawful searches violate the Fourth Amendment. Evidence found during an illegal search can be excluded, which may cripple the prosecution’s case. This is often a decisive defense in burglary cases.
Can juveniles be charged with aggravated burglary?
Yes, and prosecutors often push to charge juveniles as adults in violent felony cases. This can expose a young person to decades in prison. Defense counsel is critical to protect their future.
If no one was home, how can it still be aggravated burglary?
Aggravation can occur even in unoccupied structures if a weapon is present or significant property damage occurs. Occupancy is only one of several aggravating factors.
Do prosecutors always seek the maximum penalty?
Often they do, especially in aggravated cases. However, plea negotiations can result in reduced charges or sentences. An attorney can use legal arguments, mitigation, and weaknesses in the case to secure a better outcome.
How long does an aggravated burglary case take?
It depends on the complexity. Some cases resolve in months through negotiations, while others proceed to trial and may last over a year. The defense strategy and the prosecutor’s stance both affect the timeline.
Can aggravated burglary charges be dismissed entirely?
Yes. Dismissal is possible if evidence was obtained illegally, if probable cause is lacking, or if the state’s evidence is insufficient. I have secured dismissals for clients where critical elements of the charge could not be proven.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or someone you love is facing an aggravated burglary charge in Florida, do not wait. The sooner you have a defense lawyer by your side, the stronger your chances of avoiding the worst penalties.
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 over 30 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.