Tampa Burglary and Trespassing Lawyer
If you’re facing burglary or trespassing charges in Tampa, you need an experienced Tampa burglary and trespassing lawyer who understands the complexities of Florida criminal law. At The Law Office of Daniel J. Fernandez, P.A., our skilled criminal defense attorneys provide aggressive representation to protect your rights and future. With over 43 years of experience and more than 500 successful trials, Daniel J. Fernandez has the proven track record to defend against serious property crime charges in state and federal court.
Burglary and trespassing charges can result in severe penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record that affects your employment, housing, and educational opportunities. Our Tampa criminal defense team understands the prosecution’s tactics and works tirelessly to build a strong defense strategy tailored to your specific case.
Understanding Burglary Charges in Florida
Florida law defines burglary as entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside. Unlike many people believe, burglary doesn’t require theft to occur. The mere act of unlawful entry with criminal intent is sufficient for a burglary charge. Florida Statute 810.02 outlines different degrees of burglary, each carrying distinct penalties.
First-degree burglary, the most serious form, occurs when someone commits burglary and causes assault or battery, is armed with explosives or a dangerous weapon, or damages property worth more than $1,000. This felony carries a potential life sentence. Second-degree burglary involves entering an unoccupied dwelling or structure, punishable by up to 15 years in prison. Third-degree burglary typically involves entering an unoccupied conveyance and carries penalties of up to five years imprisonment.
The prosecution must prove beyond a reasonable doubt that you entered the property unlawfully and had the specific intent to commit a crime. Our experienced Tampa criminal defense attorneys examine every aspect of your case, from the initial police investigation to witness statements and physical evidence, to identify weaknesses in the prosecution’s case and develop effective defense strategies.
Trespassing Laws and Penalties
Trespassing charges in Florida range from misdemeanors to felonies depending on the circumstances. Under Florida Statute 810.09, criminal trespass occurs when someone willfully enters or remains on property after being warned to depart or after being forbidden to enter. The penalties vary significantly based on factors such as whether the property was occupied, if you were armed, or if you caused damage.
Trespass in an occupied structure or conveyance is typically charged as a third-degree felony, punishable by up to five years in prison and $5,000 in fines. Trespass in an unoccupied structure is usually a second-degree misdemeanor, carrying up to 60 days in jail and $500 in fines. However, if you’re armed during the trespass, the charges can escalate to more serious felony levels.
Many trespassing cases arise from misunderstandings about property boundaries, permission to be on the property, or inadequate warning signs. Our Tampa criminal defense lawyers thoroughly investigate the circumstances surrounding your arrest, examining property ownership records, witness testimony, and any posted notices to build a comprehensive defense strategy.
Defense Strategies for Property Crime Charges
Defending against burglary and trespassing charges requires a thorough understanding of Florida criminal law and careful analysis of the evidence. Our experienced Tampa criminal defense team employs various defense strategies depending on the specific circumstances of your case. Common defenses include lack of intent, lawful presence on the property, insufficient evidence, and constitutional violations during the investigation or arrest.
Intent is a crucial element in burglary cases. If we can demonstrate that you didn’t intend to commit a crime when entering the property, the burglary charges may be reduced or dismissed. Similarly, if you had permission to be on the property or reasonably believed you had such permission, this could serve as a strong defense against trespassing charges.
Our attorneys also examine whether law enforcement properly obtained any evidence against you. If police conducted an unlawful search or seizure, violated your Miranda rights, or obtained evidence through other constitutional violations, we can file motions to suppress that evidence. This often leads to reduced charges or case dismissal when key evidence is excluded from trial.
As a former prosecutor, Daniel J. Fernandez understands how the state builds these cases and can anticipate prosecution strategies. This insider knowledge allows our team to identify weaknesses in the state’s case and negotiate favorable plea agreements when appropriate, or aggressively defend your case at trial when necessary.
Tampa Burglary and Trespassing FAQs
What’s the difference between burglary and breaking and entering in Florida?
Florida law doesn’t have a separate “breaking and entering” charge. Instead, the state uses burglary statutes that don’t require actual “breaking” to occur. Simply entering through an unlocked door or remaining on property after permission expires can constitute burglary if there’s intent to commit a crime inside.
Can I be charged with burglary if I didn’t steal anything?
Yes, burglary charges don’t require completed theft. The crime is complete upon unlawful entry with intent to commit any crime inside, whether or not that crime is actually committed. Intent is determined by examining the circumstances and evidence surrounding your entry.
What happens if I’m charged with both burglary and theft?
You can face separate charges for both burglary and any crime committed inside the structure. However, experienced defense attorneys can sometimes negotiate to have charges consolidated or reduced through plea negotiations, depending on the specific facts of your case.
Is trespassing always a criminal matter, or can it be civil?
Trespassing can be both a criminal matter and grounds for civil liability. Property owners may pursue civil remedies for damages while the state prosecutes criminal charges. Each case is handled separately, and criminal charges don’t depend on whether civil action is taken.
How does prior criminal history affect burglary sentences?
Florida’s habitual offender laws can significantly increase penalties for repeat offenders. Previous convictions, especially for similar property crimes, can result in enhanced sentences, mandatory minimums, or habitual offender designations that require lengthy prison terms.
Can surveillance video be challenged as evidence?
Surveillance video can potentially be challenged on various grounds, including authenticity, chain of custody issues, privacy violations, or technical problems with the recording. Our attorneys thoroughly examine video evidence to identify any issues that could lead to suppression or reduced reliability.
What should I do if police want to question me about a burglary?
Exercise your right to remain silent and immediately request an attorney. Don’t provide statements, consent to searches, or try to explain your side of the story without legal representation present. Contact our Tampa criminal defense team immediately for guidance.
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Contact a Tampa Burglary and Trespassing Attorney Today
Don’t let burglary or trespassing charges derail your future. The criminal defense team at Daniel J. Fernandez, P.A. provides aggressive representation and strategic defense for clients facing property crime charges throughout Tampa Bay, including Hillsborough County, Pinellas County, and surrounding areas. With recognition as one of Tampa’s top criminal defense attorneys by Tampa Magazine’s Best Lawyers Edition and over 400 five-star Google reviews, our firm has the experience and dedication to fight for your rights. Contact our Tampa burglary and trespassing attorney today for a free consultation and learn how we can protect your freedom and future.