According to Florida Criminal Statute ｧ810.02, burglary occurs when an person enters a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter. Burglary also includes notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance surreptitiously with the intent to commit an offense therein after permission to remain therein has been withdrawn, with the intent to commit an offense therein to commit or attempt to commit a forcible felony.
If the accused does not commit an act of assault or battery in the commission of a burglary offense, the offender may be guilty of a felony of the second degree which has a maximum penalty of 15 years in prison and a $10,000 fine.
If the accused commits an act of assault or battery in the commission of a burglary offense, the offender may be guilty of a felony of the first degree which has a maximum penalty of imprisonment for a term of years not exceeding life imprisonment.
In order to obtain a conviction the prosecution must show beyond a reasonable doubt that the individual charged with burglary entered the dwelling, structure, or conveyance with the intent to commit a crime. If the states case is not as strong as they would like it to be they may look for anything to be in disarray or damaged in order to associate some type of crime with the alleged burglary. This could be something as small as chipped paint, which may satisfy a criminal mischief charge. We will aggressively fight for you in an effort to ensure unwarranted charges are do not play a role in making the States Burglary Case against you.
If a dismissal of your burglary charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.