In Florida, burglary of a dwelling is a second-degree felony offense that could expose you to penalties that include up to 15 years of imprisonment.
For the prosecution to succeed in convicting you for burglary of a dwelling, they must be able to show that you:
Burglary of a dwelling is a more serious charge than burglary of a structure/conveyance or other theft crimes (such as petit theft), and as such, a successful defense is likely to involve arguments that first attempt to avoid liability altogether, and then — in the alternative — attempt to minimize liability by “downgrading” the charge. If you’ve been charged with burglary of a dwelling, you may be feeling overwhelmed with the prospect of liability. After all, it may seem exceedingly difficult to avoid or minimize liability given that the nature of the offense involves an element of vulnerability: your presence in the another’s home. Let’s take a look at some common defenses. The Structure is Not a Dwelling The difference between a conviction for burglary of a structure and burglary of a dwelling is quite substantial. Burglary of a structure is a first-degree felony with penalties of up to five years imprisonment, compared to 15 years imprisonment for burglary of a dwelling. As such, having your charge “downgraded” is an excellent negotiation tool to minimize the risk of liability. Dwellings are rather broadly construed under the law, and the definition covers all buildings that have a roof and are occupied for the purpose of lodging overnight. This definition includes associated structures, such as connected buildings and spaces. If you were to break into an individual’s large residential property and steal valuable statues from the courtyard next to their house, that act would likely qualify as burglary of a dwelling. When putting forth this defense, you’ll want to show that the structure had some other primary purpose and was not intended for use as lodging. Alternatively, you can show that the building was not occupied. For example, a farmhouse that is unoccupied for years will not qualify as a dwelling. Your Entry Was Authorized Burglary charges require unlawful entry. If you were authorized to enter by the individual that owned or possessed the property, then you cannot be held liable (absent other circumstantial issues) for burglary. For example, if the victim invites you to a party at their home and you steal a vase from their bedroom, you may be held liable for theft, but not for burglary — the unlawful entry element is not satisfied under such circumstances. There Was No Intent to Commit a Criminal Offense Burglary is a specific intent crime, and as such, if you did not have the intent to unlawfully enter the victim’s property, or the intent to commit a criminal offense on their property, then a burglary charge will not stick. For example, suppose that you enter your neighbor’s house at night, thinking that it is your own house (and that you’re locked out). You break in and take cash off the table before leaving to rejoin your friends. All of it is a “mistake,” and you did not have the intent to unlawfully enter the neighbor’s house or to commit a crime (stealing their money). Given the circumstances, you could not be held liable for burglary. Mistaken Identity Oftentimes, burglaries are committed at night, and as such, visibility is limited. Police may not make an arrest until hours or even days later once the facts are pieced together. Mistakes can be made, and it’s certainly possible that you did not commit the burglary but have been mistaken for the actual burglar. If you have been charged with the burglary of a dwelling, you could be exposed to significant criminal liability. Given the high stakes nature of burglary charges, it’s critical that you consult early with a qualified attorney who has extensive experience handling such disputes.
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