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Burglary Defense Lawyer

There’s a common misconception that burglary is just another word for stealing. However, burglary is actually merely the act of breaking in with intent to commit a crime, regardless of what that crime may be. The law on burglary can be complicated, and it’s important to retain an experienced attorney to help you navigate these kinds of charges. If you’ve been accused of burglary, contact Hanlon Law today to schedule a free consultation. 


What is Burglary?


Generally speaking, burglary is defined by Florida Statute 810.02 as entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense. Let’s break this definition down:


A dwelling includes any kind of housing or place where people live, like a single-family home or an apartment. “Structure” is a more broad term, and refers to basically any kind of building where people don’t live. And conveyance just means any form of transportation, including personal cars, public buses, trains, airplanes, etc. 

 

Entering, of course, just means going inside. It’s important to note that there’s no mention of “breaking and entering” or “forcibly entering;” you don’t have to “break in” for your entrance to be considered burglary. You also don’t have to fully enter in order to be considered “entering” and charged with burglary. For example, just sticking one arm through an open window with the intent to slip inside and steal valuables is enough to constitute the charge, regardless of whether or not you ever actually make it fully inside. 


It’s also important to note the inclusion of “remaining” in this definition; this means that you can be charged with burglary if you stay in a dwelling, structure, or conveyance after your permission to be there has been withdrawn (assuming you intend to commit a crime by staying). An example of this might be staying in a museum or other publicly-accessible location after the establishment closes. 


Lastly, we have the “with the intent to commit an offense” tacked on to the end. This is a vital addition – you have to actually be intending to commit some kind of crime by entering or remaining where you shouldn’t in order for the incident to constitute burglary. You don’t, however, have to actually commit an offense for burglary charges to apply – the intent alone is enough, regardless of whether you successfully committed the crime or not.


Despite common misconception, that crime doesn’t have to be theft. Entering someone’s home without their permission (even if you just waltz through the open door, no “breaking in” required) to physically assault them is still burglary. 


What are the Consequences of Burglary?


Burglary is always charged as a felony. The circumstances surrounding the burglary will determine whether that felony is categorized as third-, second-, or first-degree. 


Third-Degree Felony Burglary


  • No assault or battery is committed during the commission of the burglary
  • The burglar was not armed with a dangerous weapon or explosive at any point during the commission of the burglary
  • The burglary occurred in a structure or conveyance that was not occupied by another person at the time of the burglary


Sentencing for third-degree felony burglary includes up to 5 years in prison and a $5,000 fine. 


Second-Degree Felony Burglary


  • No assault or battery was committed during the commission of the burglary
  • The burglar was not armed with a dangerous weapon or explosive at any point during the commission of the burglary
  • The burglary occurred in a dwelling, regardless of whether it was occupied by another person at the time of the burglary
  • The burglary occurred in a structure or conveyance that was occupied by another person at the time of the burglary
  • The burglary occurred in an emergency vehicle
  • The burglary occurred in a structure or conveyance with the intent to commit theft of a controlled substance


Second-degree felony burglary is punishable by up to 15 years in prison and a $10,000 fine.


First-Degree Felony Burglary


  • Assault and/or battery was committed during the commission of the burglary
  • The burglary was or became armed with a dangerous weapon or explosive at any point during the commission of the burglary
  • The burglary occurred in a dwelling or structure with the assistance of a motor vehicle beyond merely a getaway vehicle, thereby causing damages to the dwelling or structure
  • The burglary occurred in a dwelling or structure and damages in excess of $1,000 were caused during the commission of the burglary


The consequences for first-degree felony burglary include up to life in prison along with a $10,000 fine. 


It’s important to note that burglary committed during an official state of emergency will see elevated charges and sentencing. 


Kissimmee Criminal Defense Lawyers 


The concept of entering or remaining in a structure you don’t actually have permission to enter or remain in might not seem like a serious offense, but the law says differently. With such severe consequences on the line, it’s vital to seek an experienced legal representative as soon as you even suspect you may be under investigation for burglary. Will Hanlon at Hanlon Law has nearly twenty years of experience in the defense business. Our legal team will work tirelessly on your behalf and take advantage of every opportunity to advocate for you. Don’t wait; contact Hanlon Law today to schedule a free consultation.

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