Daytona Beach Burglary Defense Lawyer

Arrested for Burglary? Start With These Steps

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What you do after a burglary arrest matters. Before trying to resolve the situation yourself:

• Follow every court order. Read your release paperwork carefully, including any order to stay away from the property or the people involved.
• Do not explain why you were there. Statements about your reasons for entering can be used to prove intent. Ask to speak with an attorney before answering questions.
• Preserve existing evidence. Keep messages, receipts, location data, and anything showing permission, ownership, or where you were.
• Keep a private timeline for your lawyer. Note what happened, who was present, and where additional evidence may exist.
• Gather your paperwork. Have the arrest information, case number, release conditions, and hearing notices available when you call.

Why Choose Daytona Defense?

Personal Attention When You Need Clear Answers

Burglary cases often depend on what a person was thinking when they entered. We take the time to hear your account, explain what the prosecution alleges, and help you understand what each decision means for you.

Experienced Florida Criminal Defense

Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Daytona Defense handles misdemeanor and felony property crime charges, including burglary, trespass, and theft. Meet our founder to learn more about the experience behind our approach.

Clear Fees and Payment Options

Daytona Defense offers flat-fee representation, payment plans, and no separate trial fee. Your fee does not change based on how long the case takes, so the decision to go to trial can be made on the merits rather than on cost. Ask about the fee for your case during your free consultation.

What Counts as Burglary in Florida?

Under Florida Statutes § 810.02, burglary generally means entering a dwelling, a structure, or a conveyance with the intent to commit an offense inside, unless the premises were open to the public or you were licensed or invited to enter. Burglary can also be charged when a person remains inside with intent to commit an offense in certain circumstances, such as after permission has been withdrawn.

The property type matters. A dwelling is a building or conveyance designed to be occupied by people lodging there at night, together with its curtilage. A structure is a building with a roof over it, together with its curtilage. A conveyance includes motor vehicles, boats, trailers, and similar items.

The State does not have to prove that anything was taken. The key question is whether you intended to commit an offense at the time of entry.

What Is the Difference Between Burglary and Trespass?

Trespass under §§ 810.08 and 810.09 involves entering or remaining on property without authorization. Burglary requires the added element of intent to commit an offense inside. When the evidence of intent is weak, that difference can decide whether a case is a felony or a misdemeanor.

What Happens After a Burglary Arrest?

A person arrested for burglary is usually brought before a judge at first appearance, where bond and release conditions are set. The case then moves forward on the prosecutor’s decision whether to file formal charges.

First Appearance and Release Conditions

The judge considers release and any conditions that will apply, which may include staying away from the property or the people involved. Give your lawyer the actual order so advice is based on its terms.

The Decision to File Charges

The prosecutor decides whether to file or continue the criminal case. In Volusia and Flagler counties, prosecutions are handled by the State Attorney’s Office for Florida’s Seventh Judicial Circuit. The charge filed can be different from the arrest charge.

Evidence Review and Resolution

Once charges are filed, the defense can evaluate the prosecution’s evidence and available legal challenges. Depending on the case, the next steps may involve motions, negotiations, or trial preparation. A dismissal, reduced charge, or negotiated resolution may be possible in some cases, but none can be promised.

What Are the Penalties for Burglary in Florida?

The possible sentence depends on the type of property, whether anyone was inside, whether a weapon was involved, and your criminal history. The following examples explain why the exact charge on your paperwork matters.

Burglary of an Unoccupied Structure or Conveyance

Burglary of an unoccupied structure or conveyance is generally a third-degree felony, carrying up to five years in prison and a $5,000 fine.

Burglary of a Dwelling or Occupied Structure

Burglary of a dwelling, whether or not anyone was home, is generally a second-degree felony, carrying up to 15 years in prison and a $10,000 fine. Burglary of an occupied structure or occupied conveyance is also generally a second-degree felony.

Armed Burglary and Burglary With Assault or Battery

Burglary is a first-degree felony punishable by up to life in prison when the person commits an assault or battery, is or becomes armed with a dangerous weapon or explosive, or causes certain property damage during the offense. Possession of burglary tools under § 810.06 is a separate third-degree felony.

Burglary of a dwelling or occupied structure is also a qualifying offense under Florida’s Prison Releasee Reoffender law, § 775.082(9). If the State proves the offense occurred within three years of release from state prison, the court must impose the statutory maximum sentence. These rules are a reason to review the full consequences of a proposed plea before accepting it.

How a Burglary Defense Is Built

A police report is a starting point for investigation. It is not the entire case. Our defense review looks at the accusation, the available evidence, and the legal requirements for the offense charged.

Look Beyond the Arrest Report

Depending on what exists and can lawfully be obtained, relevant evidence may include surveillance and doorbell video, phone location data, fingerprint and DNA reports, pawn records, witness accounts, and messages. How evidence was collected and tested can be as important as what it shows.

Evaluate the Defense That Fits the Facts

• No intent to commit an offense: If you entered for another reason, the charge may be reduced to trespass or dismissed.
• Permission or open premises: Entering a place open to the public, or where you were invited or licensed to be, is not burglary unless the legal exceptions apply.
• Identification issues: Video quality, witness descriptions, and forensic evidence can be tested.
• Property classification: Whether a space counts as a dwelling, structure, or curtilage can change the degree of the charge.
• Evidence and constitutional issues: The defense can assess whether statements and evidence were lawfully obtained and whether the prosecution can establish each element.

No single strategy fits every case. We explain the strengths, weaknesses, and practical options so you can participate in decisions about your defense.

Burglary Charges Often Come With Related Charges

A burglary arrest can include other charges based on the same incident, such as grand theft under § 812.014, dealing in stolen property under § 812.019, or criminal mischief under § 806.13. Each charge has its own elements and penalties, and each must be reviewed on its own.

Related charges can affect your scoresheet, your bond, and your options for resolution. A reduction or dismissal of one charge can change the picture for the others.

Burglary Defense FAQs

Office visits by appointment. Call (386) 230-3347