Burglary Defense In Lake County

Understanding Burglary Under Florida Law (F.S. § 810.02)

Burglary is defined as entering a dwelling, structure, or conveyance with the intent to commit an offense therein. In Florida, you can also be charged with burglary for “unlawful remaining” — meaning even if you entered legally, staying after your permission was withdrawn with the intent to commit a crime can lead to a burglary charge.

The Three Levels of Burglary in Florida

High-Stakes Enhancements

Burglary charges in Lake County are frequently “enhanced,” leading to mandatory prison time:

• Assault or Battery During Burglary: If you touch anyone inside the building or conveyance, the charge is automatically upgraded to a First-Degree Felony punishable by life.

• Occupied vs. Unoccupied: If someone is inside the home or car at the time of entry, the “primary offense” points on your Florida scoresheet increase significantly, making a prison sentence much more likely.

• The “Tools” Enhancement: Possession of “burglary tools” (F.S. § 810.06), such as crowbars or even certain electronic bypass devices, is a separate 3rd-degree felony.

Strategic Defense: How We Fight Burglary Charges

To get a burglary conviction, the State must prove your intent at the moment of entry. This is often the weakest part of their case.

1. Lack of Intent

If you entered a structure but did not intend to commit a crime (e.g., you were looking for a place to sleep, were intoxicated, or believed you had a right to be there), its possible the charge could be reduced to Trespass, a misdemeanor.

2. Consent to Enter

If you had an invitation, a key, or a reasonable belief that you were welcome, the “unlawful entry” element fails. Evidence such as text messages, witness statements, and social media data are frequently used to prove consent.

3. Mistaken Identity & Forensic Challenges

Burglary cases often rely on grainy surveillance footage or “DNA transfers.” As a former prosecutor, attorney Lewis knows how to challenge the “chain of custody” of evidence and cross-examine forensic “experts” who may be overstating the certainty of a match.