Criminal Burglary in the State of Florida is defined as when a person enters into a structure, conveyance, or dwelling without the permission of the owners, occupants, or residents for the purpose of committing any crime.
The distinction between criminal trespass and burglary is that an act of burglary must involve:
- A crime that was committed during the course of the burglary; or
- Sufficient evidence exists to show intent to commit a crime at the time of the burglary.
Law Enforcement and prosecutors will aggressively seek out any evidence which supports a burglary charge. Therefore, it is extremely important for those accused of a burglary crime to protect their legal rights by obtaining the advice and representation of experienced legal counsel as soon as possible.
If during the act of a burglary people (victims) are present, and a gun is involved, the crime is subject to Florida’s 10, 20, life statute (775.087) which stipulates:
- If convicted of pulling a gun during a crime: Mandatory minimum 10 years in prison;
- If convicted of firing a gun during a crime: Mandatory minimum 20 years in prison;
- If convicted of injuring or killing a victim by firing the gun during a crime: Mandatory minimum 25 years to life in prison is authorized.
Due to the subjective nature in many burglary cases relating to the existence of a crime being committed, or intent to commit a crime while in the structure or dwelling, seeking experienced legal counsel is extremely important for the accused to ensure his or her rights and freedom are protected.
As your legal counsel, we will thoroughly review the evidence against you, witness statements, police reports, and any other relevant factors, such as the circumstances of your arrest and the actions of law enforcement officers. If there are areas to provide reasonable doubt, our goal is to find and present them to the prosecutor, judge and/or jury.
If you have been arrested and charged with a burglary crime, seek the legal advice and representation of an experienced burglary defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to protecting the rights of individuals charged in with criminal burglary or any other additional criminal charges throughout the Central Florida area and its surrounding counties.
Call 407.420.1044 to discuss your legal rights, options, and potential burglary crime defense strategies. You may also contact us by filling out our online case evaluation form.