Home About Me Criminal Defense DUI Defense Resources and LawsInvocation of Rights Card Blog Videos Contact

Burglary in Florida

There are three types of Burglary crimes in Florida:

1. Burglary of a Dwelling
2. Burglary of a Structure
3. Burglary of a Conveyance

If accused of Burglary in Florida, you need to know the:

• Definition of Burglary
• Penalties for Burglary
• Defenses to Burglary

Definition of Burglary

The crime of Burglary can be committed in one of two ways:

1. Unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside; or
2. Lawfully entering a dwelling, structure, or conveyance, but then remaining inside either:
   1. Surreptitiously, with the intent to commit a crime;
   2. After permission to remain has been withdrawn, with the intent to commit a crime inside; or
   3. With the intent to commit a forcible felony.

Penalties for Burglary

The penalties for the crime of Burglary depend on which type of Burglary you are charged with:

• Burglary of a Dwelling
• Burglary of a Structure
  • Burglary of an Occupied Structure
  • Burglary of an Unoccupied Structure
• Burglary of a Conveyance

Defenses to Burglary

In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Burglary include:

Consent

Consent to enter is not an element of Burglary, but is an affirmative defense to the crime. A defendant has the burden to offer evidence of consent. But once evidence of consent is presented, the prosecutor must disprove the consent to enter beyond a reasonable doubt.

Consent is usually raised when there are multiple people who exercise authority over the property, one of whom gave consent to enter or use it to a defendant. Under such circumstance a defendant cannot be convicted of burglary just because the other people were unaware that authorization was given.

Open to the Public

If an establishment is "open to the public" a person by definition has consensually entered a business, no matter what the subjective intentions for entering were. As a result, the right to "remain inside" is implied unless the State has proof that the implied consent to "remain inside" was withdrawn. So if a defendant commits a crime inside (such as theft or robbery) the defendant cannot also be convicted of Burglary.

Off Limits or Employee Only Area

The "Open to the Public" defense does not apply to an off limits or employee only area of a business and a burglary conviction will be upheld if such an area is entered.

Lack of Intent to Commit a Crime

One of the elements necessary to support a conviction for Burglary is the intent to commit a crime inside the dwelling, structure, of conveyance. Usually this is proven by showing that a person entered stealthily.

However, if a person shows lawful reasons for entering, such as to get out of the rain or to find a place to sleep, a person cannot be convicted of burglary (although a conviction for trespass may be proper).

---

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

Free Invocation of Rights Cards
Know Your Rights!

---

William S. Foley, P.A.
Divorce and Family Law

---