Burglary Charges in Florida: Homes, Businesses, and Vehicles
Many people think burglary means breaking into a home at night, but burglary charges in Florida are much broader. Entering or remaining in a home, building, or vehicle with the intent to commit an offense inside can lead to a burglary charge, and the potential penalties can be serious, especially when the structure is a home.
Here is a general overview of how burglary cases are handled under Florida law, and the limited situations where related conduct becomes federal, at the time of this writing. Every case is different and laws change, so for answers about a specific situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, burglary is generally charged under Section 810.02, Florida Statutes (Burglary). Burglary is rarely charged federally, but related conduct can be charged under federal statutes such as 18 U.S.C. § 2113 (Bank robbery and incidental crimes). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Burglary
Under Florida law, burglary generally involves entering a dwelling, structure, or conveyance with the intent to commit an offense inside, or remaining inside under certain circumstances after permission ends. A conveyance can include a car, so many vehicle break-ins are charged as burglary.
The seriousness of the charge generally depends on what was entered, whether anyone was inside, whether the person was armed, and whether anyone was assaulted or battered. Burglary of a home is generally treated more seriously than burglary of a business or vehicle. Pretrial diversion programs also exist, and some people may qualify. Our posts on Hillsborough pretrial intervention and Pinellas pretrial intervention explain more.
When Burglary Becomes a Federal Case
Most burglary cases stay in state court. Related conduct can become federal when it involves a federally insured bank, federal property, a post office, or stolen goods moved across state lines.
When federal charges are brought, they are often investigated by the FBI or other federal agencies working with local police. In the Tampa Bay area, those rare federal cases go to the Middle District of Florida. Our federal offenses page explains what that process generally looks like.
How Burglary Investigations Often Start
Burglary investigations often begin with a 911 call, a home or business security camera, fingerprints or DNA, or recovered property at a pawn shop. Some people first learn they are suspects from a detective call or officers arriving with a search warrant to look for property.
Attorney Ron Frey generally advises that anyone contacted by police about a burglary speak with an attorney before making any statements, because intent at the time of entry is often the key issue.
What a Burglary Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the person had permission to be there, whether there was intent to commit an offense at the time of entry, whether the identification is reliable, and how fingerprint, DNA, video, and property-recovery evidence was handled. Being inside a place, or having property later, does not by itself prove burglary.
Attorney Ron Frey brings over 20 years of criminal defense experience to burglary cases in Hillsborough and Pinellas courts, looking closely at how the evidence connects, or fails to connect, a person to the entry.
Charged With Burglary in Hillsborough or Pinellas? Call Attorney Ron Frey.
In many burglary cases, the key question is what a person intended at the moment they entered, and that is rarely as clear as a police report suggests. If you or a family member has been charged with burglary, or contacted by police, get legal advice before answering questions. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about robbery charges in Florida or learn more about the theft offenses we defend.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.