Florida Armed Burglary Lawyer

Defending Your Rights and Your Future Against One of Florida’s Most Serious Felony Charges

When someone is charged with armed burglary in Florida, the stakes could not be higher. The charge alone carries life-altering consequences, and without the right defense, you could be facing decades in prison. I want you to know that you are not alone, and there are ways to fight back. Over the years, I have defended clients accused of burglary and armed burglary across Florida, and I have seen how prosecutors aggressively pursue these cases. Many people believe the evidence against them is overwhelming, but the truth is that the State still carries the burden of proving guilt beyond a reasonable doubt. My role as your defense attorney is to protect your rights, attack weaknesses in the case, and work for the best possible result—whether that means dismissal, reduction of charges, or avoiding the harshest penalties.

Understanding Armed Burglary Under Florida Law

Florida law defines burglary under Florida Statutes Section 810.02. The statute states:

“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.”

When burglary involves the use or possession of a firearm or other dangerous weapon, the crime is elevated to armed burglary. According to Section 810.02(2)(b):

“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 is armed, or arms himself within such dwelling, structure, or conveyance, with explosives or a dangerous weapon.”

This means that if the prosecution can prove that you entered a property with the intent to commit a crime and were armed with a weapon (or obtained one during the burglary), you face a first-degree felony punishable by up to life in prison.

This is not a charge you can fight on your own. Prosecutors will do everything in their power to show that you were armed and intended to commit a crime. Without a private defense attorney who understands the law and the court system, you risk losing your freedom and your future.

Penalties for Armed Burglary

Under Florida law, armed burglary carries some of the harshest penalties of any burglary offense. As a first-degree felony, the possible punishments include:

• Up to life in prison

• Substantial fines

• Mandatory minimum prison terms if a firearm was used under Florida’s 10-20-Life law (Section 775.087)

• Permanent felony record

• Loss of civil rights, including the right to vote and possess firearms

If a firearm was discharged during the burglary, Florida’s 10-20-Life statute applies:

• Possession of a firearm during the burglary = mandatory minimum 10 years

• Firing the firearm = mandatory minimum 20 years

• If someone is injured or killed by the firearm = mandatory minimum 25 years to life

The reality is that armed burglary exposes you to a punishment structure designed to keep you in prison for decades. A skilled defense attorney is essential to reduce or avoid these mandatory minimums.

Why You Need a Private Attorney

A public defender may be assigned to your case, but public defenders carry heavy caseloads and cannot always devote the time that an armed burglary case requires. Private defense counsel allows for a thorough review of every piece of evidence, including police reports, witness statements, forensic testing, and body camera footage.

I investigate whether the police violated your constitutional rights, whether the alleged weapon was actually a “dangerous weapon” under Florida law, and whether the prosecution can even prove you had the intent to commit a crime when you entered the property. Many times, these weaknesses open the door to having charges reduced or dismissed.

Common Defenses to Armed Burglary

Not every accusation of armed burglary is what it seems. Some common defenses that may apply in your case include:

• Lack of intent – If the State cannot prove you intended to commit a crime inside the property, burglary cannot be proven.

• Consent to enter – If you were invited or had permission to be on the property, it is not burglary.

• Weapon not a “dangerous weapon” – Florida courts require that the object be capable of inflicting great bodily harm. Not every item qualifies.

• No possession of weapon – Sometimes, weapons are found near the scene, but not on the accused. Possession must be proven.

• Unlawful search or seizure – If police obtained evidence in violation of your constitutional rights, it can be suppressed.

• Mistaken identity – In many cases, eyewitnesses are unreliable or surveillance footage is unclear.

• Alibi or lack of evidence – The State must prove beyond a reasonable doubt that you committed the crime. Weak or circumstantial evidence can be challenged.

Each of these defenses requires a careful legal strategy and aggressive courtroom advocacy. This is why hiring a private attorney is critical.

A Real Case Example

Several years ago, I defended a young man charged with armed burglary after he was accused of breaking into a convenience store late at night. The police claimed he had a firearm, but the so-called weapon turned out to be a BB gun that was found several feet away from him when he was arrested. The prosecution charged him with armed burglary, which carried a potential life sentence.

I carefully reviewed the evidence and argued that the BB gun did not qualify as a “dangerous weapon” under Florida law. I also challenged the store’s surveillance footage, which showed him entering but did not clearly show any weapon in his hands. After weeks of negotiations and motions filed in court, the prosecutor agreed to reduce the charge from armed burglary to simple burglary of a structure. Instead of facing life in prison, my client received probation and avoided a felony conviction that would have destroyed his future.

This case illustrates how important it is to challenge the prosecution’s assumptions and evidence at every stage.

Related Florida Statutes

• Section 810.02 – Burglary definitions and penalties

• Section 775.087 – Florida’s 10-20-Life statute for firearm enhancements

• Section 812.13 – Robbery statute, sometimes charged in conjunction with burglary cases

• Section 810.07 – Proof of intent when entering a structure or conveyance

• Florida Rules of Criminal Procedure – Governing pre-trial motions, suppression hearings, and discovery rights

Understanding how these statutes work together is essential for developing a strong defense.

Why Early Legal Representation Matters

The earlier I am involved in your case, the better your chances of building a strong defense. From the moment of arrest, prosecutors are building their case against you. Every statement you make and every decision you take can impact the outcome. By hiring me early, I can begin working to suppress evidence, negotiate with prosecutors, and file motions that may lead to dismissal or reduction of charges before trial.

FAQs About Florida Armed Burglary

What is the difference between burglary and armed burglary in Florida?
Burglary is entering a structure, dwelling, or vehicle with the intent to commit a crime inside. Armed burglary is when the person is carrying or obtains a weapon during the burglary. The presence of a weapon elevates the charge to a first-degree felony punishable by life in prison.

Can you be charged with armed burglary if you did not actually use the weapon?
Yes. Simply being armed with a dangerous weapon, or obtaining one while inside, is enough for prosecutors to bring the charge. Actual use is not required.

What qualifies as a dangerous weapon under Florida law?
Firearms, knives, and explosives clearly qualify, but other objects may or may not depending on their ability to inflict serious harm. This is often a point of contention in court and can be a strong defense.

Does Florida’s 10-20-Life law apply to armed burglary?
Yes. If a firearm was carried, fired, or caused injury during the burglary, mandatory minimum sentences apply under Section 775.087. These mandatory terms severely restrict a judge’s discretion in sentencing.

Is probation possible in an armed burglary case?
It depends on the circumstances and the defense strategy. In rare cases, probation may be negotiated if the weapon was not truly dangerous, if there were no injuries, or if the evidence against you is weak.

What if the weapon belonged to someone else?
Possession must be proven beyond a reasonable doubt. If the prosecution cannot show that you actually had control over the weapon, the armed burglary charge may not stand.

What if I never went inside the property?
Florida law requires entry into a structure, dwelling, or conveyance. If the prosecution cannot prove you actually entered, burglary may not be established, and lesser charges may apply.

Are juveniles charged differently for armed burglary?
Juveniles can face transfer to adult court for armed burglary due to the seriousness of the offense. This makes it critical to have strong defense representation immediately.

How does mistaken identity come into play in armed burglary cases?
Many arrests stem from vague eyewitness descriptions or poor-quality surveillance. If the State cannot prove you were the person involved, the charge should not stand.

Why should I hire a private attorney instead of relying on a public defender?
Armed burglary is a life felony with complex legal issues. A private attorney can devote the necessary time, resources, and strategy to your case, giving you a much stronger chance at reducing or avoiding the harsh penalties.

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

If you or a loved one has been charged with armed burglary in Florida, the time to act is now. The consequences are too severe to leave your case to chance.

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.