Burglary in Florida defined

Florida law defines Burglary as unlawfully entering a dwelling, structure, or conveyance, remaining inside a dwelling, structure, or conveyance surreptitiously, or remaining in a dwelling, structure, or conveyance after permission to remain has been withdrawn with the intent to commit a crime inside.

Put another way, Burglary is being in a place you're not legally entitled to be with the intent to commit a crime therein.

Penalties for Burglary

The penalties an possible sentences for Burglary depend on which type of Burglary you are charged with.  For example, in Florida, there's the burglary of a dwelling, burglary of a structure (either occupied or unoccupied), and burglary of a conveyance.

Some effective defenses 

Consent, an affirmative defense to Burglary, is usually raised when the dwelling owner gave the defendant consent to enter or use the dwelling.  Similarly, if a dwelling is open to the public, consent to enter is implied, no matter what the defendant's intent is.

This is why it's critically important to hire an experienced criminal defense attorney to develop an effective defense strategy and hold the State Attorney's Office to their burden of proving the crime of burglary beyond and to the exclusion of any reasonable doubt.  

Hope is a call away...

If you or a loved one is arrested and charged with burglary, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.  

I want to hear your side of the story.

Rick Hermida

State and Federal Criminal Defense Attorney

55 Merrick Way ~ Suite 212

Coral Gables, Florida 33134

305-461-1116 (Office)

305-461-1066 (24 Hours)

We are solely a Criminal Defense Law Firm.  That's all we do and all we have done since 1987.