Daytona Beach Burglary Attorney

If you've 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 Daytona Defense help you navigate the legal process. Our Daytona Beach, FL burglary attorney provides experienced criminal defense to each and every client we serve in 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. Contact us today to start building your defense.

Your Burglary Defense Lawyer in Daytona Beach, FL

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.

Burglary in Florida refers to 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.

The distinctions are minor but important. If you get 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.

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.

If you’re facing burglary charges, you will need representation from a skilled criminal defense attorney. Seeking representation is essential whether it is your first offense or you have several offenses already. Our experienced Daytona Beach defense lawyer has helped numerous clients secure favorable outcomes. We're ready to help you next.

Burglary FAQs

Burglary charges in Florida are taken very seriously and can carry severe penalties, especially when the alleged offense involves a residence or occupied structure. The following guide addresses some of the most common questions individuals have after being accused of burglary and help explain how our experienced Daytona Beach burglary defense attorney Jeff Higgins can help protect your rights.

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 Daytona Defense 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.

What Is the Difference Between Burglary and Trespassing?

Trespassing generally involves entering or remaining on property without permission but without the intent to commit a crime. Burglary, on the other hand, requires proof that you intended to commit an offense inside the structure. This distinction is important because trespassing is often a misdemeanor, while burglary is typically charged as a felony.

Can Burglary Charges Be Reduced or Dismissed?

Yes, depending on the facts of your case. Weak evidence, lack of intent, illegal searches, or inconsistent witness statements can all impact the prosecution’s case. In some situations, charges may be reduced through negotiation or dismissed entirely if your rights were violated during the arrest or investigation.

Our attorney at Daytona Defense evaluates each burglary case from multiple angles. We carefully review police reports, witness statements, and all available evidence to build a strong defense aimed at reducing charges or achieving a dismissal whenever possible. The ultimate burden is on the prosecution to prove every element of burglary, including intent, and we are here to hold them to that standard.