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Understanding Burglary Charges in Florida: A Comprehensive Guide by Alers Law Firm


Burglary charges can be daunting and carry severe consequences, making it crucial for individuals to have a comprehensive understanding of the legal implications they may face. Alers Law Firm, based in Orlando, Florida, specializes in criminal defense and is here to shed light on the intricacies of burglary charges in the state. In this blog post, we’ll explore the definition of burglary, the different degrees, potential penalties, and possible defenses.

I. Definition of Burglary in Florida:

Burglary in Florida is defined as the unlawful entry into a structure with the intent to commit a crime inside. The structure may include residences, businesses, or even vehicles. It’s essential to note that the intent to commit a crime is a key element in establishing burglary charges. This can include theft, assault, or any other criminal activity.

II. Degrees of Burglary:

In Florida, burglary charges are categorized into different degrees based on the circumstances surrounding the offense. Alers Law Firm emphasizes the importance of understanding these degrees, as they significantly impact the severity of potential penalties:

Third-Degree Burglary:

This involves entering a structure without permission.

Penalties may include up to 5 years in prison and/or up to $5,000 in fines.

Second-Degree Burglary:

Involves unlawfully entering a dwelling, such as a home, when someone is present inside.

Penalties may include up to 15 years in prison and/or up to $10,000 in fines.

First-Degree Burglary:

The most serious degree it involves armed burglary or entering an occupied dwelling with a weapon.

Penalties may include Up to 30 years in prison and/or up to $10,000 in fines.


Misdemeanor 1st degree up to one year (jail) up to $1,000

Misdemeanor 2nd degree up to 60 days(jail) up to $500

III. Potential Penalties for Burglary Charges:

Understanding the potential penalties associated with burglary charges is crucial for individuals facing such allegations. Alers Law Firm is committed to providing accurate information to help clients make informed decisions. The severity of penalties depends on various factors, including the degree of burglary and any aggravating circumstances present.

Prison Sentences:

Convictions for burglary can lead to significant prison sentences, ranging from a few years to life imprisonment for first-degree burglary.


Monetary fines accompany burglary convictions, and the amount varies based on the degree of the offense.


In some cases, probation may be imposed as an alternative or in addition to imprisonment.


Offenders may be required to compensate victims for any damages or losses resulting from the burglary.

IV. Possible Defenses Against Burglary Charges:

Alers Law Firm recognizes that each case is unique, and a successful defense strategy depends on the specific circumstances. Here are some common defenses against burglary charges:

Lack of Intent:

Demonstrating that there was no intent to commit a crime when entering the structure can be a viable defense.

Lawful Entry:

If the entry was lawful or with the owner’s permission, it can be argued that burglary charges are unfounded.

Mistaken Identity:

Establishing that the accused was not the person who committed the burglary may serve as a strong defense.

Insufficient Evidence:

Challenging the prosecution’s evidence and proving its insufficiency can lead to reduced or dismissed charges.

V. How Alers Law Firm Can Help:

Facing burglary charges is a serious matter that requires legal expertise. Alers Law Firm, based in Orlando, Florida, specializes in criminal defense and has a proven track record of successfully handling burglary cases. The firm offers personalized and strategic defense strategies to protect the rights and interests of its clients.

Legal Expertise:

The attorneys at Alers Law Firm have in-depth knowledge of Florida’s criminal laws and are well-versed in burglary defense strategies.

Investigation and Case Building:

The firm conducts thorough investigations to gather evidence and build a strong case, challenging the prosecution’s arguments.

Negotiation Skills:

Alers Law Firm is experienced in negotiating with prosecutors to secure favorable plea deals or reduced charges when appropriate.

Courtroom Representation:

In cases that go to trial, the firm provides skilled courtroom representation, ensuring the best possible defense for clients.

Understanding burglary charges in Florida is crucial for individuals facing such allegations. Alers Law Firm, situated in Orlando, is dedicated to providing legal counsel and defense strategies for those confronted with burglary charges. With a focus on personalized attention and a commitment to protecting clients’ rights, Alers Law Firm is a trusted ally in navigating the complexities of the legal system. If you or someone you know is facing burglary charges, don’t hesitate to reach out to Alers Law Firm for professional guidance and representation.


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