Facing Burglary Charges in Seminole County? Key Defenses That Might Apply

One minute, you’re living your best life, and the next, you’re looking at police reports, court dates, and all the stress and uncertainty that come with them. In Seminole County, burglary charges are no joke, but an arrest and charge are not a conviction. The problem is that some people don’t realize this, and every case has its own facts and circumstances that can make a significant difference in the outcome.

What Qualifies as Burglary in Florida? 

Generally, people use the term “burglary” to refer to “breaking and entering” someone else’s house. In Florida, burglary is actually defined in a much broader way. It is the entering of a dwelling, structure, or conveyance (vehicle or vessel) without permission, or remaining there unlawfully, with the intent to commit a crime therein.

The intended crime does not need to be theft. Vandalism, assault, and/or other offenses can be the intended crime. Still, in most burglary cases, the prosecution’s case turns on intent. The state must be able to convince a judge or jury that you were in the process of committing a crime when you entered or remained.

Burglary can be charged as a second-degree felony or a first-degree felony, depending on the circumstances (whether the building was occupied, whether a weapon was used, whether people were injured, etc.)

Why Burglary Charges are So Serious 

Burglary can result in a prison sentence, fines, probation, and a permanent felony criminal record. A criminal record can come back to haunt you in the job market, when applying for housing, professional licenses, and even in personal relationships.

With so much on the line, it’s important to know the law also requires the prosecution to prove every element of the charge “beyond a reasonable doubt.” If they can’t, the case can be dismissed. They have the burden of proof. It’s not your job to prove your innocence.

Lack of Intent is the Heart of the Matter in Most Cases

Intent is difficult to prove, so a lack of intent is often the heart of a strong burglary defense.

There are many reasons people might enter someone else’s home or business. Perhaps you thought you were allowed to be there. Perhaps you entered to retrieve personal property. Perhaps you were intoxicated and confused. If the state can’t prove you intended to commit a crime when you entered (or remained), a burglary charge might not stick.

In some cases, a burglary arrest can be reduced to a much less serious charge (or even dismissed entirely) due to a lack of intent.

Consent and Permission are Key Points for Consideration 

In order for it to be burglary, the entry or remaining needs to be unlawful. The person may not have permission to be in the place where they are found by the police.

Consent is especially relevant when it involves: 

• Former romantic partners 
• Family members 
• Roommates or friends 
• A business open to the public 

If a person was invited into a house, had a key, or was otherwise reasonably in believing they were allowed to be there, the case may fail to qualify as burglary. Of course, messy relationship dynamics often lead to burglary charges, but if there is evidence of permission or consent, it’s a major point in your defense.

“Remaining After Permission Was Withdrawn” Can Be Open to Interpretation

Florida law provides for burglary charges if someone entered lawfully but remained after permission was withdrawn. It’s important to note that this is a complex area of law.

For this defense, the state must be able to prove that:

• Permission was revoked, and 
• The defendant remained, knowing permission was withdrawn and with the intent to commit a crime.

Arguments over whether permission was actually withdrawn, the clarity of communication, and subsequent actions can arise. These gray areas can benefit the defense. 

Mistaken Identity and Identification 

Eyewitness testimony, security footage, and circumstantial evidence often factor into burglary cases. The problem is that these forms of evidence are not always as strong as the state would like to believe.

Eyewitness identification can be affected by poor lighting, stress, distance, and even just assumptions. Video surveillance can be grainy and incomplete. Witnesses may fill in gaps with what they think they saw, rather than what actually happened. Any doubt about whether you are the person involved can help your case.

Illegal Search and Suppression of Evidence 

Police must follow the law and have a valid search warrant or legal exception to search a home, vehicle, or other property. Illegally obtained evidence (a “fruit of the poisonous tree”) can be challenged in court.

If police enter a house without permission and find incriminating evidence, that evidence might be inadmissible in court. When a defendant can establish an illegal search, prosecutors often lose their leverage in negotiations—or sometimes their entire case. Search and seizure issues are often not apparent without close examination of the facts and circumstances of how the evidence was obtained.

Being Present at the Scene of a Burglary Isn’t the Same Thing as Committing One

There are some instances when people find themselves charged for being at the scene of a burglary, but presence alone is not the same thing as guilt. If you weren’t on the property, didn’t assist, and didn’t share the criminal intent of the primary actor, the state may have a difficult time proving the elements of a burglary charge. Mere association with another person isn’t enough for conviction.

Don’t Minimize the Significance of Burglary Charges in Seminole County

It’s never fun to get arrested, and some people want to put the whole thing behind them as soon as possible. The problem is that if you get arrested, you need to start taking it seriously from day one. Your first statement to the police, your willingness or refusal to search your property, and the filing of preliminary motions by the prosecution – these are all decisions and events that can influence the outcome of the case.

While you don’t have to assume the worst-case scenario just because you’re facing burglary charges, you should also not take the charges lightly either. Most burglary cases can be defended, and most people feel a huge sense of relief once they learn the law allows room for defense.

Contact a Skilled Criminal Defense Attorney Today

A burglary charge and arrest are not the end of the story. There are several ways a case can go wrong for the state if the facts and circumstances of the alleged offense don’t align with what they claim actually happened. Contact our office today to find out your potential defenses.