Can Lack of Intent Help Defend Against Burglary Charges?
When it comes to burglary charges in Florida, many people assume it's an open-and-shut case. But the truth is, one of the most overlooked elements of these cases is intent. Whether or not someone intended to commit a crime when entering a building or dwelling can make all the difference. And that’s where having a criminal defense attorney can make a real impact.
If you're facing burglary charges in Orlando, Florida, or in surrounding areas like Apopka, Winter Park, or Kissimmee, understanding your rights and legal options is critical. Here at Orlando Defense, located in Orlando, Florida, we have experience with local burglary cases.
What Florida Law Says About Burglary
Under Florida Statute §806.13, burglary is defined as entering a dwelling, structure, or conveyance with the intent to commit an offense inside. This means a person doesn’t have to steal anything or cause any damage to be charged. It’s the intent at the time of entry that matters most.
There are different degrees of burglary in Florida:
First-degree burglary involves a dangerous weapon, assault, or battery, or occurs in an occupied dwelling.
Second-degree burglary typically refers to unarmed burglary of a dwelling or an occupied structure.
Third-degree burglary often includes entry into unoccupied structures or conveyances without a weapon.
Each carries serious penalties, including years in prison, large fines, and a permanent criminal record.
Why Intent Matters in a Burglary Case
Intent is a required element in proving burglary. If prosecutors can't show beyond a reasonable doubt that you intended to commit a crime at the time you entered the building, the charges might not hold up. This opens the door to several potential defenses:
You had permission to enter the premises.
You entered without the intent to commit a crime.
You were misidentified as the person who entered.
You lacked the mental capacity to form intent at the time.
A skilled criminal defense attorney will look at all the facts and build a case around the lack of intent or other legal defenses that apply.
How a Criminal Defense Attorney Can Help
If you’re facing burglary charges in Orlando, your first move should be to talk with a criminal defense attorney who’s handled similar cases in Orange and Osceola counties. An experienced lawyer can:
Review police reports and witness statements for inconsistencies.
Examine surveillance footage, digital evidence, or forensic reports.
Interview witnesses and gather evidence to show lack of intent.
Push for charges to be reduced or dismissed before trial.
Represent you in court and argue your side effectively to a judge or jury.
A conviction for burglary can have lifelong consequences. Working with a defense lawyer who understands local court procedures in places like Apopka, Winter Garden, and St. Cloud gives you a fighting chance to protect your rights and future.
Common Questions About Burglary Charges and Intent
Is it still burglary if I didn’t steal anything?
Yes. Under Florida law, the intent to commit any crime, not just theft, can lead to burglary charges.
What if I was drunk or high when I entered the building?
Voluntary intoxication isn’t a strong defense in most cases, but if you lacked the ability to form intent due to mental health issues or extreme impairment, that may help your case.
What if the building was open to the public?
If you had a legal right to be there (for example, it was a store during business hours), the prosecution has a harder time proving unlawful entry. However, if you entered a restricted area, that might still qualify as burglary.
What does the prosecution have to prove?
To convict you, the state must prove:
You entered a structure, dwelling, or conveyance.
You entered without permission or stayed without permission.
You had the intent to commit an offense inside at the time of entry.
How Florida Law Differs from Other States
Florida’s burglary laws are stricter than those in some other states. For example:
Broad definition of burglary: Florida includes structures like tents, mobile homes, and even boats in the definition of a “structure.”
Harsh sentencing enhancements: A burglary charge can quickly escalate to a first-degree felony if there was a weapon involved or if someone was injured during the incident.
No separate charge for attempted burglary: Even if no crime was committed inside, entering with intent is enough to file a full burglary charge.
In other states, prosecutors might have to prove an actual theft or more concrete plans to commit a crime. But in Florida, it often comes down to what was in a person’s mind when they crossed the threshold, which is where experienced legal defense becomes vital.
A Research Fact from the State
According to the Florida Department of Law Enforcement, more than 40,000 burglary offenses were reported statewide in a recent year, with residential burglaries accounting for nearly half of those cases. That means law enforcement and prosecutors are under pressure to pursue convictions aggressively.
You need a criminal defense attorney who can push back just as forcefully. At Orlando Defense, we will stand by you throughout every step of your case, empowering you to fight for the results you deserve. Give us a call today to learn more about our criminal defense experience.
Local Knowledge Matters
Criminal courts in Orange and Osceola counties can vary widely in how they handle burglary cases. A defense strategy that works in downtown Orlando may not be as effective in places like Eatonville, Lake Buena Vista, or Narcoossee. Local knowledge matters.
Whether your case is being heard in the Ninth Judicial Circuit Court or a lower municipal court in towns like Belle Isle or Campbell City, your criminal defense attorney should be familiar with local judges, prosecutors, and procedural expectations. At Orlando Defense, we’re proud to showcase our local knowledge in our cases.
Don’t Let a Burglary Charge Define You
Facing a burglary charge doesn’t mean your life is over. The law gives you the right to defend yourself, and lack of intent can be a powerful defense. A skilled criminal defense attorney will work to show that you never meant to commit a crime, and in many cases, that alone can be the key to avoiding a conviction.
If you live in Orlando or the surrounding communities of Winter Park, Ocoee, Maitland, Plymouth, Eatonville, or Celebration, don’t wait to get the legal help you need. A knowledgeable and committed lawyer can make all the difference, whether you’re dealing with a misunderstanding, wrongful arrest, or first-time mistake.
Call Orlando Defense
From Zellwood to St. Cloud Manor, and from Clermont in Lake County to Kissimmee in Osceola County, getting the right legal representation can give you a real chance to move forward with your life. At Orlando Defense, we’ll be by your side every step of the way.
Burglary charges are serious, but they don’t have to define your future. With the right legal strategy and an experienced criminal defense attorney by your side, you can take back control of your story. Give our team a call today to get started with a free initial consultation. We look forward to serving you.