Under Florida law, burglary can be charged whenever a person enters or remains in a dwelling, structure, or conveyance with the intent to commit a crime inside, regardless of whether anything is actually stolen, regardless of whether force is used to enter, and regardless of whether the building is occupied. Walking into an unlocked store after hours with the intent to steal merchandise is burglary. Remaining in a building after being told to leave, with the intent to commit a crime, is burglary. And the penalties are severe: burglary of a dwelling is a first-degree felony carrying up to life in prison, with enhanced penalties when weapons are involved or people are inside. A Stuart burglary lawyer at The Rubin Firm defends individuals facing burglary charges in Martin County by challenging the intent element, the entry element, and the prosecution’s ability to prove what the defendant intended to do once inside.
Burglary carries felony exposure in every form. Call The Rubin Firm at (772) 283-2004, complete our contact form, or start a live chat.
How Florida Defines Burglary
Under Florida Statutes Section 810.02, burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense therein, unless the premises are open to the public or the defendant is licensed or invited to enter. The statute also covers remaining in a dwelling, structure, or conveyance surreptitiously with the intent to commit an offense, or remaining after permission to remain has been withdrawn with the intent to commit an offense.
Three categories of burglary exist under Florida law, each with different penalty structures. Burglary of a dwelling is the most serious because it involves someone’s home, the place where people are most vulnerable. Burglary of a structure covers commercial buildings, storage units, and other non-dwelling structures. Burglary of a conveyance covers vehicles, boats, and aircraft. The classification of the target determines the degree of the felony and the range of penalties.
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The Intent Element: Where Burglary Cases Are Won
Burglary requires proof that the defendant entered or remained in the premises with the intent to commit an offense inside. This intent element is the critical battleground in most burglary cases because intent is a mental state that must be inferred from circumstantial evidence. The prosecution cannot read the defendant’s mind; it must prove what the defendant intended to do based on the defendant’s actions, statements, and the surrounding circumstances.
A person who enters an unlocked building out of curiosity, to seek shelter from weather, to find a restroom, or by mistake has not committed burglary because there was no intent to commit a crime inside. A person who is invited into a home by the owner and then decides to steal something while inside may argue that the intent to steal was not formed until after the lawful entry, which can affect the burglary analysis. The Rubin Firm challenges the intent element in every burglary case, presenting evidence of the defendant’s actual purpose for entering or remaining, and forcing the prosecution to prove criminal intent beyond a reasonable doubt.
Defense Strategies in Burglary Cases
Voluntary withdrawal:
In some circumstances, evidence that the defendant abandoned the attempt before completing the offense.
Challenging intent:
Demonstrating that the defendant did not enter or remain with the intent to commit a crime inside.
Consent or invitation:
Proving that the defendant was invited or had permission to enter, which negates the burglary element.
Mistaken identity:
Challenging the prosecution’s identification of the defendant as the person who entered the premises.
Illegal search:
Suppressing evidence obtained through unconstitutional searches or seizures.
Lack of entry:
Challenging whether the defendant actually entered the dwelling, structure, or conveyance.
Burglary vs. Trespassing: A Critical Distinction
The line between burglary and trespassing is the intent to commit a crime inside the premises. Entering a building without permission is trespassing, a misdemeanor. Entering the same building without permission with the intent to commit a theft, assault, or other crime inside is burglary, a felony. This distinction means that the prosecution’s ability to prove the defendant’s criminal intent determines whether the charge is a misdemeanor or a felony carrying years or decades in prison.
Reducing a burglary charge to trespassing is one of the most valuable outcomes in burglary defense, because it eliminates the felony exposure and its associated collateral consequences. The Rubin Firm negotiates charge reductions and presents evidence at trial that supports the lesser offense when the facts do not support the inference of criminal intent.
Penalties Summary
Surveillance Evidence and Digital Forensics in Burglary Cases
Modern burglary investigations increasingly rely on surveillance camera footage, cell phone location data, and digital forensic evidence to identify suspects and establish timelines. Businesses, residential communities, and individual homeowners throughout Martin County have invested heavily in security cameras, doorbell cameras, and other surveillance systems that can capture images of individuals in and around a property at the time of an alleged burglary. Cell phone tower records and GPS data from mobile devices can place a suspect in the vicinity of the crime scene at the relevant time. And digital communications, including text messages and social media posts, may provide evidence of planning or motive.
The Rubin Firm examines all digital and surveillance evidence in every burglary case, both to identify weaknesses in the prosecution’s identification of the defendant and to uncover exculpatory evidence. Surveillance footage may show that the person on camera does not match the defendant’s description. Cell phone data may place the defendant at a different location at the time of the alleged burglary. And digital communications that the prosecution presents as evidence of planning may have innocent explanations when viewed in their full context. We retain digital forensic experts when necessary to analyze cell phone data, interpret surveillance footage, and challenge the prosecution’s use of technology-based evidence.
Steps to Take After a Burglary Arrest
Remain silent:
Do not explain why you were in or near the building. Any statement about your intentions will be used to prove the intent element.
Do not consent to searches:
Refuse consent to search your person, vehicle, or home.
Contact The Rubin Firm:
The intent element is the key to your defense. Call (772) 283-2004 immediately.
Common Burglary Scenarios in Martin County
Burglary charges in Martin County arise from a wide range of circumstances, many of which do not fit the stereotypical image of a break-in. Shoplifting that involves entering a store that is closed or restricted can be charged as burglary rather than retail theft when the prosecution argues the defendant entered with the intent to steal. Entering a former partner’s home to retrieve personal belongings after a breakup can result in burglary charges if the former partner claims the defendant was not authorized to enter and intended to take property. Entering an abandoned building, a construction site, or a foreclosed property can produce burglary charges if the prosecution alleges criminal intent. And entering a vehicle to steal items inside, even when the vehicle is unlocked, is burglary of a conveyance.
Each of these scenarios presents different defense opportunities. The shoplifting-turned-burglary case may be challenged by arguing the store was open to the public at the time of entry. The former partner’s home case may be challenged by demonstrating the defendant had a reasonable belief they were still authorized to enter. The abandoned building case may be challenged by arguing the defendant did not have criminal intent. And the vehicle case may involve constructive possession issues if multiple people had access to the vehicle. The Rubin Firm analyzes the specific circumstances of every burglary charge to identify the defense strategy that gives the client the strongest position.
Collateral Consequences of a Burglary Conviction
A burglary conviction creates a permanent felony record that classifies you as someone who committed a crime of dishonesty and violation of trust. Employers who conduct background checks will see a burglary conviction and, regardless of the specific circumstances, will often disqualify the applicant. Professional licensing boards may deny or revoke licenses. Landlords will reject rental applications. Financial institutions may deny credit or employment. For non-citizens, burglary is frequently classified as a crime involving moral turpitude or an aggravated felony under federal immigration law, triggering deportation, denial of naturalization, and permanent inadmissibility. And because burglary is classified as a forcible felony in Florida, the felony murder rule applies to any death that occurs during a burglary, exposing all participants to first-degree murder charges regardless of their intent.
The relationship between burglary and the felony murder rule deserves particular emphasis. If a co-defendant kills someone during a burglary, if a homeowner defending their property kills a co-defendant, or if any death occurs during the commission of a burglary, every participant in the burglary can be charged with first-degree murder under the felony murder doctrine, regardless of whether they intended or even anticipated that a death would occur. This extreme legal consequence underscores the importance of fighting burglary charges aggressively, because the collateral risks of a conviction extend far beyond the sentence for the burglary itself.
The “Remaining In” Theory of Burglary
Florida’s burglary statute covers not only entering a premises with criminal intent but also remaining in a premises surreptitiously after permission to be present has been withdrawn, with the intent to commit a crime. This “remaining in” theory of burglary is significant because it applies to situations where the initial entry was lawful. An employee who stays in a store after closing with the intent to steal has committed burglary under the remaining-in theory, even though the initial entry during business hours was lawful. A guest who hides in a bathroom at a house party with the intent to steal jewelry after other guests leave has committed burglary. The defense to remaining-in burglary charges focuses on whether the defendant actually remained surreptitiously (secretly and intentionally), whether permission to remain was clearly withdrawn, and whether the prosecution can prove the criminal intent that accompanied the remaining.
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Serving Stuart, Martin County, and the Treasure Coast
The Rubin Firm defends individuals facing burglary charges in Stuart and throughout Martin, St. Lucie, Indian River, and Palm Beach Counties.
Referral Partnerships for Burglary Cases
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Frequently Asked Questions About Burglary in Stuart
Is burglary always a felony in Florida?
Yes. Every form of burglary in Florida is a felony, ranging from a third-degree felony for burglary of an unoccupied structure or conveyance to a first-degree felony punishable by life for burglary of an occupied dwelling with assault or a weapon.
What is the difference between burglary and breaking and entering?
Florida does not have a separate breaking and entering statute. Burglary does not require forced entry. Entering through an unlocked door, an open window, or even remaining in a building after permission is withdrawn can constitute burglary if the intent to commit a crime inside is present.
Can burglary be reduced to trespassing?
Yes. If the prosecution cannot prove the defendant intended to commit a crime inside the premises, the charge may be reduced to trespassing, which is a misdemeanor. This reduction eliminates the felony exposure and its collateral consequences.
What does the prosecution have to prove?
The prosecution must prove that the defendant entered or remained in a dwelling, structure, or conveyance, that the defendant did so without permission or invitation, and that the defendant intended to commit an offense inside at the time of entry or remaining.
Does the 10-20-Life law apply to burglary?
Yes. If a firearm is possessed during the burglary, the 10-20-Life mandatory minimums apply: 10 years for possession, 20 years for discharge, 25 years to life if death or great bodily harm results.
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Charged with Burglary? Intent Is Everything.
The prosecution must prove you intended to commit a crime inside the premises. The Stuart burglary defense lawyers at The Rubin Firm challenge that intent and fight for reductions, dismissals, and acquittals.
Call (772) 283-2004 for a confidential consultation. Complete our contact form or chat live.
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