Burglary Attorney in DeLand

Florida Burglary Charges: Degrees & Penalties

Florida Statute 810.02 divides burglary into three felony tiers based on where the offense occurred and what happened during it. The classification matters because the difference between a third-degree and a first-degree felony is the difference between a five-year maximum and life imprisonment.

The three classifications are:

• Third-Degree Felony: Entering an unoccupied structure or conveyance without assault, battery, or a weapon. The statutory maximum is 5 years in prison and 5 years of probation.
• Second-Degree Felony: Burglary of a dwelling (whether or not occupied) or an occupied structure or conveyance. The statutory maximum is 15 years in prison.
• First-Degree Felony (Life Felony): The offense involved assault or battery, the defendant became armed with a weapon or explosive, a motor vehicle caused structural damage, or property damage exceeded $1,000. The maximum penalty is life imprisonment.

Armed burglary may also trigger Florida’s 10-20-Life law, which can impose mandatory minimum sentences depending on whether a firearm was carried, displayed, or discharged. Florida also uses a Criminal Punishment Code scoresheet that assigns points based on offense severity, prior record, and victim harm. That scoresheet guides the minimum sentence a judge can impose, meaning the floor of a sentence can be just as consequential as the ceiling.

The penalties don’t end at sentencing. A felony burglary conviction can affect employment eligibility, professional licensure, housing applications, firearm rights, and immigration status. Because a burglary conviction generally can’t be expunged or sealed under Florida law, the resolution of the charge is an important opportunity to protect your record.

Defense Strategies for Florida Burglary Cases

To convict on a burglary charge, the State Attorney must prove three elements beyond a reasonable doubt: that the defendant entered or remained without authorization, that the location qualifies as a dwelling, structure, or conveyance under the statute, and that the defendant intended to commit a crime inside at the time of entry. Each element is a potential point of challenge.

Common defense approaches include:

• Lack of Criminal Intent: If the prosecution can’t establish that criminal intent existed at the moment of entry, the charge may be reduced to trespass or a theft offense, both of which carry substantially lower penalties.
• Consent or Permission to Enter: Being lawfully present on the property negates the unauthorized-entry element. This defense applies when the defendant had permission from the owner or occupant.
• Mistaken Identity: Burglary defendants are frequently identified after the fact through fingerprints, DNA, or surveillance footage. Each of those evidence types carries evidentiary and procedural challenges that a defense attorney can raise.
• Unlawful Search and Seizure: If law enforcement gathered evidence in violation of the Fourth Amendment, a motion to suppress can exclude that evidence from the prosecution’s case.
• Charge Reduction or Pretrial Diversion: Even when the underlying facts are difficult, legal strategies may exist to seek a charge reduction, dismissal, or alternative sentencing. First-time defendants, in particular, may qualify for pretrial diversion programs that can resolve the case without a felony conviction.

The right approach depends on the specific facts, the evidence the prosecution holds, and the defendant’s prior record. That analysis is where defense work begins, and it’s why contacting a burglary lawyer in DeLand early can affect every stage of what follows.