Facing a burglary charge can be frightening, especially when felony penalties and long-term consequences are possible. A Key Largo burglary lawyer at Keys Criminal Defense, PLLC could provide strategic, aggressive representation tailored to the circumstances of your case. From the moment prosecutors file charges, our seasoned theft attorneys could work to protect your rights, challenge the prosecution’s evidence, and pursue the best possible outcome.
Whether the allegations involve a residence, business, or vehicle, we are committed to fighting for your freedom and future. Contact us today to ensure you don’t go to court alone.
To secure a burglary conviction under state law, the prosecutor must prove three things. They must establish that you entered and remained in a place where you were not lawfully authorized to be, that you did not have permission to be in that place, or that the property owner revoked their consent to you being there, and that you intended to commit an offense in that place.
Importantly, the prosecutor does not need to prove that you committed an offense in the place you entered to bring burglary charges. Intent alone can satisfy this element, regardless of what actually transpired inside.
Burglary charges involve legal and factual issues that often require careful review. Working with an experienced burglary defense attorney from our Key Largo team could help you better understand the charges you face.
State law imposes burglary penalties based on the type of property involved and the surrounding circumstances. Under Florida Statutes § 810.02, the state generally prosecutes burglary as a felony. When a person enters an unoccupied structure or conveyance with criminal intent, prosecutors typically file a third-degree felony charge, which carries penalties of up to five years in prison, five years of probation, and a $5,000 fine. If a person commits burglary in an unoccupied structure or conveyance under certain aggravating conditions, prosecutors may pursue a second-degree felony charge, which can result in up to 15 years in prison and a $10,000 fine.
When burglary involves a dwelling, such as a home or apartment, prosecutors treat this more seriously and often pursue second-degree felony charges, even if no one was present at the time. If the accused was armed, committed an assault or battery, or caused significant property damage, prosecutors may file a first-degree felony charge, which can expose the defendant to a life sentence. A burglary conviction may also result in restitution, mandatory minimum penalties, and long-term consequences affecting employment and housing opportunities.
Given the severity of the potential penalties for burglary, working with a skilled Key Largo lawyer could make a critical difference in your case.
Defending against burglary charges often involves challenging one or more elements the prosecution must prove under Fla. Stat. § 810.02. One common defense focuses on a lack of intent. The state must prove that you intended to commit a crime at the time of entering or remaining in the structure, dwelling, or conveyance. If the intent formed later or did not exist, the prosecution can’t establish burglary.
Another defense involves consent or authorization. If you had permission to enter or reasonably believed you had permission, the law does not treat your entry as unlawful. Your defense counsel may also raise the possibility of mistaken identity, particularly when the case relies on eyewitness testimony or unclear surveillance footage.
Defenses may also involve demonstrating that unlawful searches or arrests occurred, which may lead to the suppression of evidence. Defense strategies developed by our burglary attorneys serving Key Largo could limit the prosecution’s ability to prove the case beyond a reasonable doubt.
Burglary is a serious criminal charge, and a conviction can carry significant legal consequences. Consulting a Key Largo burglary lawyer could help you respond to the charges, particularly if you act immediately after prosecutors file them. To learn more about how we can help in your case, schedule an initial consultation with our attorneys at Keys Criminal Defense, PLLC.
