Strategies for Defending Against Burglary Charges in Tampa
Arrested on burglary charges in Florida? Learn your defense options and how a Tampa attorney can help protect your rights.
Being arrested and charged with burglary in Florida is a serious situation that can change your life instantly. Whether the allegations are based on a misunderstanding or mistaken identity, the consequences can be harsh—potentially involving years behind bars. Understanding your rights and the available defenses is the first step toward protecting your freedom.
At the Law Office of Daniel J. Fernandez, P.A., we know how stressful this experience can be. If you’ve been charged with burglary in Tampa, Florida, seeking guidance from a knowledgeable criminal defense attorney who can fight for your rights is important. Below, we break down how Florida law defines burglary, common defense strategies, and what steps you should take next.
Understanding Burglary Charges in Florida
Under Florida Statute §810.02, burglary occurs when someone enters a dwelling, structure, or conveyance with the intent to commit a crime inside. It’s not just about breaking in—intent is key. Even walking through an unlocked door can result in charges if there is criminal intent.
There are three degrees of burglary in Florida:
- First-Degree Burglary: Involves armed entry, assault, or motor vehicle used to commit the crime. Punishable by up to life in prison.
- Second-Degree Burglary: Unarmed entry into an occupied structure or dwelling. Carries up to 15 years in prison.
- Third-Degree Burglary: Involves unarmed entry into an unoccupied structure. Punishable by up to 5 years in prison.
Many people confuse burglary with trespassing, but the key difference lies in the intent to commit a crime. This distinction is often central to building a strong legal defense.
Defense Strategy: Lack of Intent or Claim of Right
One of the strongest defenses to burglary charges is proving no criminal intent. If you entered a property by mistake or believed you had a right to be there, you may not meet the legal definition of burglary.
Examples of lack of intent include:
- Entering the wrong home by accident (e.g., mistaking a neighbor’s house for your own).
- Entering a property under the belief you had permission or ownership rights.
This defense can be supported with evidence like text messages, GPS data, or witness testimony. At Daniel J. Fernandez, P.A., we thoroughly investigate your case to uncover and use this evidence to your advantage.
Defense Strategy: Mistaken Identity or Alibi
Another common defense in burglary cases is mistaken identity. In the confusion of a burglary scene, it’s easy for witnesses to misidentify someone. You may have a solid alibi defense if you were not at the scene.
To support an alibi, we gather evidence such as:
- Receipts, credit card transactions, or time-stamped photos
- Security footage from another location
- Witness statements verifying your location
Our team works quickly to preserve this evidence and prove that you could not have committed the crime.
Defense Strategy: Consent and Permission to Enter
If you had permission to enter the property, that alone may be enough to challenge burglary charges. Consent from the property owner or a resident can legally justify your presence and eliminate the accusation of unlawful entry.
We use text messages or emails to show that permission was granted. Testimony from others who witnessed the consent can also be powerful. However, the consent must be given by someone with the legal authority to do so—this is a critical factor we evaluate in your defense.
FAQ: Burglary Charges in Florida
What is the difference between burglary and trespassing?
Trespassing is entering a property without permission but without intent to commit a crime. Burglary includes unlawful entry and the intent to commit an additional offense inside.
Can I be charged with burglary if nothing was stolen?
Yes. Theft is not required for burglary charges. The law focuses on your intent when entering the property, not whether something was taken.
What happens after I’m arrested for burglary in Tampa?
After your arrest, you will undergo booking, a bond hearing, and possibly arraignment. Speaking with a criminal defense lawyer as early as possible is crucial to begin building your defense.
Is burglary a felony in Florida?
Yes, burglary is always charged as a felony in Florida. The degree of the felony depends on the specific circumstances of the case.
Take Action if You’ve Been Charged with Burglary
If you or a loved one is facing burglary charges in Tampa, don’t wait. Early legal intervention can make all the difference in the outcome of your case. The Law Office of Daniel J. Fernandez, P.A. will help you understand your rights, evaluate your options, and pursue the best possible result.
Contact our Tampa office today to schedule a free consultation and speak directly with an experienced criminal defense attorney.
Why Daniel J. Fernandez, P.A. is the Best Choice
Attorney Daniel J. Fernandez has years of experience defending clients against serious criminal charges throughout Florida. With a strategic approach and a deep understanding of the law, he builds personalized defenses that protect your future. Our firm stands by your side when dealing with a misunderstanding or a complex legal situation.
Don’t face burglary charges alone. Call 813-229-5353 today to speak with a trusted Tampa burglary defense lawyer.
