Do you understand the legal difference between burglary, trespassing, theft, and breaking and entering?

In Orlando, Kissimmee, Longwood, and other parts of central Florida, these charges are used together so often that they might seem interchangeable, but each one carries a different definition and penalties. If you’ve been charged with burglary, seek out an experienced Orlando criminal attorney to help see if the definition matches your particular case.

In the case of burglary, you don’t even have to steal anything to be charged with the crime. Current statutes in Florida define burglary as “entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter, or surreptitiously, with the intent to commit an offense therein; after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony.”

A certified Kissimmee criminal lawyer will tell you that in many ways, burglary is similar to trespassing. It involves entering a piece of property you don’t own without the permission of the owner. The difference with burglary – and here’s the key to almost any burglary charge – is the intent of the person accused. For a burglary charge, the prosecutor must prove that you entered the piece of property intending to steal something or commit another felony.

There are also several kinds of burglary in Florida. First Degree or “residential” burglary

is classified as a felony and involves illegally entering someone’s living space – home, attached garage, boat, floating home, trailer, railroad car, aircraft, warehouse, or the inhabited part of a building – with felonious intent. Second degree burglary is a misdemeanor and covers illegally entering anything that isn’t a living space, like a car or a commercial business. For instance, if you steal something and are caught with “burglary tools” like scissors to remove price tags, you could be charge with burglary.

Penalties for Burglary

• First Degree Burglary – punishable by up to 6 years in a state prison, First Degree Burglary is also one Strike under Florida ‘s Three Strikes and You’re Out Law. This means if you commit any other felony in the future, your sentence on the new case is doubled. In rare cases, those convicted can receive probation or serve their time at a county rather than a state prison.
• Second Degree Burglary – depending on how it is filed, Second Degree Burglary can involve time served in either county prison or state prison. It is also known as a “wobbler,” since it can be charged as a misdemeanor or a felony. For a misdemeanor charge, the maximum sentence is one year in county prison. A felony second degree charge, however, carries with it a maximum sentence of 3 years in state prison. Fortunately, though, neither of these counts as one of your three Strikes.

Where things get interesting is in Orlando. If you’re charge with burglary there or in the surrounding central Florida areas, seek out an experienced criminal lawyer from that area to make sure you are being charged correctly, because Orlando offered a Third Degree Burglary charge if the alleged offender doesn’t commit an assault or battery during the burglary, isn’t armed with an explosive or other dangerous weapon during the burglary, and if he or she entered a structure or conveyance that was unoccupied. Possessing “burglary tools” is also a third degree felony.

This Third Degree Burglary charge carries with it a sentence of up to five years in prison and fines of $5,000. A Second Degree Burglary charge in Orlando can land you in prison for 15 years with a $10,000 fine, and a First Degree charge has the same fine but could mean up to 30 years in prison!

If you’re charged with any of these crimes, a certified Orlando criminal attorney can help you sort out the specific differences in your case that can get charges dropped for not meeting the legal definition. Generally speaking, burglary charges all ride on intent. If the prosecutor can prove that the accused intended to steal or commit a felony when they entered the property, it is legally a burglary.

But here’s the thing – even if a felony was committed, this doesn’t necessarily mean that burglary is proven. An experienced criminal attorney can find ways to argue that the intent wasn’t there when their client entered the property; it was something that occurred in the heat of the moment. This kind of case is tricky, which is why experience matters. In the event that an actual felony didn’t occur, burglary rests wholly on intent, and it’s on the prosecutor to prove you intended to do something that didn’t actually happen. This is where character witnesses and testimony about your mindset leading up to the alleged crime can prove very important.

If you weren’t physically caught on the premises, a savvy Longwood criminal lawyer will see that this opens other avenues of defense, including but not limited to arguments that any evidence – like fingerprints – of you from the scene could be from another time you were legally there, or that you have an alibi for the time you were supposedly committing the crime.

Bottom line – burglary in Florida is a serious offense that could dramatically affect your life. If you’ve been charged, you need to seek out a certified central Florida criminal attorney as soon as possible.