Daytona Beach Burglary Attorney

Defending Clients Accused Of Burglary in Deland and Daytona Beach 

Burglary, as outlined by Florida Statute 810.02(1)(b), means to enter a dwelling, structure, or conveyance with the intent to commit an offense. Burglary is classified as a felony. The circumstance surrounding the burglary determines the degree of the offense (first, second, or third), and the punishments at stake if you are found guilty.

Have you been arrested for burglary? Call Thompson Law, P.A., today at (386) 280-4977 or contact us online to schedule a free consultation with our burglary lawyer in Daytona Beach & Deland.    

What is Burglary?

A person commits burglary when they enter a dwelling, structure, or conveyance with the intent to commit an additional crime. The intended crime can be anything other than burglary or trespass, so crimes like petit theft, arson, assault, kidnapping, criminal mischief, or any other crime meet the criteria for a burglary charge. Note that you do not have to actually commit the crime during the course of the burglary – the intent to commit a crime is all that matters. Intent can be a tricky thing to prove since it involves the mental state of the defendant. However, intent, like any other element, can be proved using circumstantial evidence – evidence that is indirectly linked to the crime. Intent can also be inferred. 

Burglary Under Florida Jury Instructions 

The Florida Jury Instructions for Burglary state, “You may infer the defendant had the intent to commit a crime inside a structure or conveyance if the entering or attempting entering of the structure or conveyance was done stealthily and without the consent of the owner.” The Florida Jury Instructions further clarify that, to be found guilty of burglary, the whole body of the defendant does not need to enter. If any part of your body enters the structure or conveyance, even a small part such as your hand, you can be found guilty of burglary. As a prosecutor, Attorney Matt Thompson obtained a conviction on a defendant who only reached his hand into the bed of a truck and stole a chainsaw. Matt Thompson has extensive experience with all facets of burglary charges, and he can help you.

Is Burglary a Felony?

Burglary is classified as a felony. Felonies carry degrees – first, second, and third – that have varying levels of punishment. First, second, and third-degree felonies all have at least one thing in common: they all carry jail time.

Third-Degree Felony – If the offender does not make an assault or battery and is not armed with a dangerous weapon or explosive, and there is not another person in the structure or conveyance at the time the offender enters [s. 810.02(4)(a)(b)]. Punishable by up to 5 years in jail, 5 years probation, and a fine of $5,000.

Second-Degree Felony – If the offender does not make an assault or battery and is not armed with a dangerous weapon or explosive, and the offender enters a dwelling (with or without another person in the dwelling at the time of entering) [s. 810.02(3)(a)(b)]; enters a structure or conveyance, and there is not another person in the structure at the time of entering [s. 810.02(3)(c)(d)]; enters an authorized emergency vehicle [s. 810.02(3)(e)]; or enters a structure or conveyance when the offense intended to be committed is theft of a controlled substance [s. 810.02(3)(f)]. Punishable by up to 15 years in jail, 15 months of probation, and a fine of $10,000.

First-Degree Felony – If the offender, in the course of committing the burglary, does any of the following: make an assault or battery upon any person [s. 810.02(2)(a)], is or becomes armed with a dangerous weapon or explosive [s. 810.02(2)(b)], enters an occupied or unoccupied dwelling or structure and uses a motor vehicle to cause damage to the dwelling or structure or causes damage in excess of $1,000 [s. 810.02(2)(c)(1)(2)]. Punishable by up to life imprisonment and a fine of $15,000.

Even if it your very first time being arrested, if you are charged with burglary of a dwelling, or someone’s home, you are facing a mandatory prison sentence.

Understanding Burglary Crimes in Daytona Beach and Deland

Dealing with burglary charges in Daytona Beach or Deland can be an overwhelming and stressful experience. These vibrant communities are home to a mix of residents and visitors, making certain situations more complex than they seem. Local law enforcement, including the Daytona Beach Police Department and the Volusia County Sheriff’s Office, takes burglary offenses seriously, which means charges can escalate quickly, even from a simple misunderstanding.

For example, intent can often be misunderstood in bustling neighborhoods where interactions within the community are frequent. An unclear situation can lead to accusations that may alter the course of your life. Tourism in the area adds another layer of complexity, as misunderstandings or incidents involving visitors can sometimes result in charges.

It’s crucial to understand the emotional toll and potential consequences that come with facing burglary charges. The penalties in Florida can be severe, and navigating the system without clear guidance can feel intimidating. Thankfully, local resources are available to help you learn about your legal rights and connect with important support systems.

At Thompson Law, P.A., we understand the unique challenges of facing the local courts and law enforcement in Daytona Beach and Deland. Our priority is to provide compassionate, knowledgeable guidance to help you make informed decisions. With a strong understanding of the legal landscape in these communities, we’re here to support you every step of the way, so you can move forward with clarity and confidence during this difficult time.