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.
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.
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 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 Entering through an unlocked door, an open window, or even remaining in a building after permission is withdrawn can constitute burglary if the intent to commit a crime inside is present.
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.
Can fire investigation conclusions be challenged?
Yes. Modern fire science has debunked many traditional fire investigation techniques. Independent fire experts retained by the defense can challenge the state investigator’s methodology, conclusions, and the interpretation of physical evidence using current scientific standards.
What evidence does the prosecution use in arson cases?
Fire investigation reports, burn pattern analysis, accelerant testing, witness testimony, surveillance footage, financial records (for insurance fraud motive), cell phone location data, and statements made by the defendant.
Can arson be charged as murder?
Yes. Under Florida’s felony murder rule, if someone dies as a result of arson, the person who set the fire can be charged with first-degree murder, even if the death was unintended. First-degree murder carries life imprisonment or the death penalty.
What if the fire was accidental?
Arson requires proof that the fire was set willfully and unlawfully. If the fire was caused by an accident, electrical malfunction, natural event, or other non-intentional cause, the arson charge should not stand. Independent fire investigation experts can evaluate whether the evidence supports an accidental origin.
Is arson always a felony in Florida?
Yes. First-degree arson (dwelling) is a first-degree felony carrying up to 30 years. Second-degree arson (structure or property) is a second-degree felony carrying up to 15 years. Even possession of fire accelerants with intent to commit arson is a third-degree felony.
