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Criminal Defense Lawyer in Orlando, FL

Burglary of a Dwelling Lawyer in Orlando, FL

Burglary of a dwelling is a serious criminal charge in Florida. It is defined as the unlawful entry into a dwelling intending to commit a crime, such as theft or assault. The consequences of a burglary conviction can be severe, including imprisonment, fines, and a criminal record that can affect your future employment prospects and other aspects of your life. If you have been accused of burglary of a dwelling in the Orlando area, the attorneys at Hanlon are here to help you understand your charges and guide you through the complex legal system. We know how important your freedom is to you and are ready and able to fight for it. 


Elements of Burglary of a Dwelling Charges 


Under Florida law, burglary of a dwelling is a first-degree felony. To be convicted of this offense, the prosecution must prove the following elements beyond a reasonable doubt: 


  • Unlawful Entry: The defendant must have entered a dwelling or structure without permission or authority. This can include breaking a window, picking a lock, or simply walking through an open door. 
  • Intent to Commit a Crime: At the time of the entry, the defendant must have intended to commit a crime inside the dwelling. This can include theft, assault, battery, or other criminal offenses. 
  • Dwelling: The structure that was entered must be a dwelling, defined as any building or conveyance designed to be occupied by people for sleeping or living purposes. 


If the prosecution can prove all three of these elements, the defendant can be convicted of burglary of a dwelling. 


Penalties for Burglary of a Dwelling 


The penalties for burglary of a dwelling in Florida can be severe. If the offense is charged as a first-degree felony, the defendant can face up to life imprisonment. If a weapon is used during the commission of the crime, a mandatory minimum sentence of 10 years may apply. In addition to imprisonment, a conviction for burglary of a dwelling can also result in fines of up to $10,000, restitution to the victim, and a permanent criminal record that can impact your future employment, housing, and other aspects of your life. 


Defenses to Burglary of a Dwellings 


If you have been charged with burglary of a dwelling in Florida, there may be defenses available that can help you avoid a conviction or reduce the severity of the charges. Some of the most common defenses include: 


  • Lack of Intent: If you did not have the intent to commit a crime when you entered the dwelling, you cannot be convicted of burglary of a dwelling. This defense can be difficult to prove, however, as intent is often inferred from the circumstances of the entry. 
  • Lawful Entry: If you had permission or authority to enter the dwelling, you cannot be convicted of burglary of a dwelling. This defense can be used if you were mistaken about whether you had permission to enter the dwelling, or if the owner or occupant gave you permission to enter but later changed their mind. 
  • Insufficient Evidence: If the prosecution cannot prove all three elements of the offense beyond a reasonable doubt, you cannot be convicted of burglary of a dwelling. This defense may be used if there is a lack of physical evidence linking you to the crime, or if there are inconsistencies in the prosecution’s case. 
  • Alibi: If you can provide evidence that you were somewhere else at the time of the burglary, you may be able to avoid a conviction. This defense requires careful documentation and testimony from witnesses who can verify your whereabouts at the time of the offense. 
  • Entrapment: If law enforcement officers induced you to commit the offense, you may be able to argue that you were  entrapped. This defense requires evidence that the officers encouraged or coerced you to commit the offense, rather than simply providing you with an opportunity to do so. 


Contact an Experienced Burglary Attorney in Orlando 


If you have been accused or are being investigated for burglary of a dwelling, you should protect your future by hiring an experienced burglary of a dwelling defense lawyer. The attorneys at Hanlon Law provide a robust defense for their clients and a commitment to protecting their future. We investigate the circumstances surrounding our clients' arrests and the police evidence against them in order to mitigate or dismiss the charges or prove their innocence. 


If you are facing a burglary of a dwelling charge in Orlando, Florida, contact the attorneys at Hanlon Law today to protect your future.

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