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One of the most common felony charges in the State of Florida is burglary (Florida Statute §810.02), which has many forms. The basic premise of burglary is the entering of a home (dwelling), office (structure), or vehicle (conveyance) with the intent to commit another crime within without the true owners consent. In Florida, all burglary charges are a felony. The degree of felony depends on the type of structure broken into and whether the structure was a dwelling or whether it was occupied when the alleged crime and whether anyone was hurt during the commission of the crime. If the intent to commit a crime within cannot be established, the charge of misdemeanor trespass is usually filed.

The penalties in Florida for burglary vary depending on the circumstances of the act, ranging from probation to life in prison. Some aggravating factors that can lead to increased punishment are burglary of a place where people are present; use of a firearm; and causing injuries during the alleged burglary. Burglary of a Structure or Conveyance is a second degree felony punishable by up to five years in Florida State Prison. A structure or conveyance is any enclosed structure such as an office, car, warehouse, school, etc. In other words, for purposes of this offense it can be anything that is not considered a dwelling. Burglary of a Dwelling is a second degree felony punishable by up to fifteen years in Florida State Prison. Additional charges of theft or grand theft usually accompany the burglary charge as the “crime within”.

The State usually attempts to prove burglary cases in two ways: direct evidence (ex. Witness identification) or circumstantial evidence (ex. fingerprints). Studies have found that eyewitness testimony is among the least reliable pieces of evidence that should be utilized. Misidentification, faulty memory, blurred or hindered views, people who look or sound alike, people who have seen someone before and are confused about time sequences, poor eyesight or too brief of an encounter are all reasons which eyewitness identification is subject to serious questions and doubt when being used against an accused. More innocent people have been wrongly or falsely convicted for misidentification than any other reason. The State’s use of circumstantial evidence, such as fingerprints, DNA or forensic evidence may also be insufficient to get a conviction. The police may not have preserved the evidence well and the evidence could have deteriorated.

At Marc A. Joseph, P.A. we will extensively investigate your burglary case and develop your defense.