Burglary Attorney in Daytona Beach, Florida

The State of Florida prosecutes burglary charges aggressively. There is no such thing as a misdemeanor burglary charge here. Burglary is always charged as a felony offense.

If you’re looking at burglary charges, you will need to seek representation from a skilled criminal defense attorney. Seeking representation is essential whether it is your first offense or you have several offenses already.

If you have been charged with burglary, you are facing steep penalties if convicted. Such a conviction will negatively impact your life, barring you from employment, certain licensure and certifications, housing, and more. Burglary charges demand the most vigorous defense possible. No matter what your situation is, let DaytonaDefense.com help you navigate the legal process.

Our team at DaytonaDefense.com provides experienced criminal defense to each and every client we serve in Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County, Florida. We understand that your life is on the line, and we are dedicated to garnering the best results possible.

Burglary Charges in Florida

Burglary in Florida is entering a dwelling, building, or vehicle with the intent to commit a crime while inside. You don’t even need to enter surreptitiously or by breaking and entering. Burglary is all about criminal intent.

You can also be charged with burglary if you remain longer than invited, conceal yourself, or plan to commit a felony such as carjacking, assault, or kidnapping.

The distinctions are minor but important. If you are invited to someone’s home and while there, you see the homeowner’s diamond ring in a trinket tray next to the bathroom sink and decide to pocket it, you have committed theft, not burglary. That is because you are there by invitation and you did not intend to steal anything when you entered the home.

However, if you are invited to the home for a gathering and hide in a closet until all the guests leave, then emerge to steal a piece of art or assault the homeowner, among the charges you will face is burglary.

Property crimes related to burglary include criminal trespass: when you enter a property or premises without invitation or when “no trespassing” or “no entry” signs are posted. Criminal trespass includes harming property or creating harm, such as opening a gate that allows livestock to exit. It also includes trespassing on school property while expelled or otherwise disallowed or refusing to leave when told to do so.

You will face serious criminal trespass charges if you enter a property uninvited with a firearm or explosive device or enter a restricted area when signs are posted to warn of trespass.

What Possible Penalties Might I Face?

The class of felony you are charged with will determine the severity of conviction penalties. For example, burglarizing a home is more grievous under Florida law than a commercial building. Committing the crime while people are in the home or building is more serious than doing so when it is unoccupied because you place occupants at greater risk for harm.

The more serious the charge is, the more serious the penalties will be. Penalties for a burglary conviction might include paying expensive fines and serving lengthy prison time.

What Are Some Defenses
for Burglary Charges?

Intent and invitation are two of the defenses your attorney can raise. The prosecuting attorney must prove that you entered a property with an intent to commit a crime. If unable to prove intent beyond a reasonable doubt, even if you took property while there, you would face theft, not burglary charges.

Your criminal defense attorney may also be able to hamper the prosecution’s evidence that you were not invited or were trespassing at the time of the alleged offense. For example, a restricted area was not clearly marked as such with signage, or you were not hiding in a homeowner’s spare bedroom after attending a party there but rather you fell asleep or passed out there.

Our team at DaytonaDefense.com is able to view each case from multiple perspectives and can strategize the best option for success. We’ll look at the police reports, any witness statements, or other evidence and mount a defense in the hopes of reducing your charges or having them dismissed. Remember, the prosecution must prove that you entered the property with the intent to commit a crime, and the burden is on them to produce this evidence.