What Are the Legal Defenses for Burglary of an Unoccupied Dwelling in Florida?
Facing a burglary charge can be one of the most frightening and overwhelming moments in someone’s life. Burglary of an unoccupied dwelling in Florida may seem like a straightforward offense, but every case carries unique details and circumstances that matter when it comes to building a defense.
At OrlandoDefense.com, we defend clients accused of burglary charges and protect their rights in the face of serious accusations. Located in Orlando, Florida, our firm serves clients throughout Orange and Osceola County, FL. This includes Apopka, Bay Lake, Belle Isle, Bithlo, Christmas, Eatonville, Edgewood, Lake Buena Vista, Maitland, Oakland, Ocoee, Orlando, Plymouth, Tangerine, Winter Garden, Winter Park, and Zellwood in Orange County. And Celebration, Kissimmee, Poinciana, Buenaventura Lakes, Narcoossee, Campbell City, Intercession City, St. Cloud, St. Cloud Manor, and Yeehaw Junction in Osceola County. Contact our firm today to discuss your options.
Here, we’ll discuss the potential legal defenses for those facing a charge of burglary of an unoccupied dwelling in the state of Florida. If you’ve been charged with burglary of an unoccupied dwelling, you don’t have to face this situation alone.
What Florida Law Says About Burglary of an Unoccupied Dwelling
Florida law defines burglary as entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the person has been invited to enter. When the dwelling is unoccupied, the charge often becomes a second-degree felony, which can still result in up to 15 years in prison, probation, and substantial fines.
Although the dwelling may not have been occupied at the time, Florida courts treat these cases seriously because a person’s home, even if temporarily vacant, is seen as a private and protected space. That’s why prosecutors pursue burglary charges aggressively, even in cases where the evidence is circumstantial.
Because the consequences can be so severe, building a defense strategy is critical. Defense arguments often focus on intent, consent, mistaken identity, or other legal grounds that can weaken the prosecution’s case. A well-prepared defense can make the difference between a conviction and a favorable outcome.
Why Defenses Matter in Burglary Cases
When someone is facing a burglary charge, the prosecutor must prove beyond a reasonable doubt that the accused intended to commit a crime when entering or remaining in the dwelling. A strong defense challenges that burden of proof, and can also lead to reduced charges, probation instead of prison time, or, in some cases, complete dismissal of the case.
A defense strategy isn’t one-size-fits-all. The specific facts of each case, such as whether there was surveillance footage, eyewitness testimony, or physical evidence, determine which defenses are most effective. Working with a criminal defense attorney allows clients to present their side of the story.
Lack Of Intent
One of the strongest defenses to burglary of an unoccupied dwelling is showing that the accused had no intent to commit a crime inside the property. Intent is a necessary element of burglary. If prosecutors can’t prove that intent existed, the burglary charge may not stand. Demonstrating the absence of intent can significantly reduce the strength of the state’s case.
For example, if someone entered a property by mistake, perhaps confusing it with another home, or thinking they were allowed to be there, that doesn’t automatically make their actions burglary. Without criminal intent, the charge becomes much harder to prove. Courts often take these circumstances into account when determining whether a criminal offense occurred.
This defense often requires supporting evidence such as testimony, circumstances surrounding the entry, or even expert witnesses who can explain why intent may have been absent. By demonstrating that the accused had no intention of committing theft or any other crime, the defense can effectively counter the prosecution’s case.
Consent to Enter
Another valid defense is that the accused had permission to enter the property. Consent can be obtained directly from the property owner, a tenant, or someone with the authority to manage the dwelling. If the accused reasonably believed they were allowed to enter, the act doesn’t meet the definition of burglary. Consent defenses can involve:
Verbal permission: If the homeowner or tenant has given the accused permission to enter.
Written or implied consent: Situations where previous arrangements or ongoing relationships allowed entry.
Authority granted by a third party: Someone entrusted with control over the dwelling, granting access.
In many cases, disputes arise over whether proper consent existed. The defense may use witness statements, text messages, or prior agreements to prove the accused had legitimate access. When consent is explicit, the burglary charge loses its foundation. Establishing credible evidence of consent can be a powerful tool in weakening the prosecution’s argument.
Mistaken Identity
Eyewitness testimony plays a significant role in burglary cases, but it isn’t always reliable. People may misidentify suspects due to stress, poor lighting, or brief encounters. In burglary of an unoccupied dwelling, identification errors are even more common because no one may have directly witnessed the alleged crime. Defenses based on mistaken identity often rely on:
Alibi evidence: Proving the accused was elsewhere at the time of the alleged burglary.
Lack of forensic proof: Pointing out the absence of fingerprints, DNA, or video surveillance linking the accused to the scene.
Challenges to witness credibility: Showing inconsistencies in eyewitness accounts.
When mistaken identity is effectively raised, it can cast sufficient doubt on the prosecution’s evidence to result in dismissal or acquittal. This defense highlights the unreliability and inconsistency of witness accounts in criminal cases. By questioning the accuracy of identification, the defense can create reasonable doubt that benefits the accused.
Insufficient Evidence
A burglary charge can’t be sustained if the evidence isn’t strong enough to meet the standard of proof. Prosecutors may rely on circumstantial evidence, such as finding someone near the property or possessing items believed to be stolen. However, circumstantial evidence is often weak and open to alternative explanations. A defense strategy based on this may include:
Highlighting gaps: Pointing out missing surveillance footage, unclear timelines, or unproven assumptions.
Questioning the chain of custody: Challenging how evidence was collected, stored, or presented.
Raising alternative theories: Showing other possibilities that could explain the situation without pointing to guilt.
When the prosecution’s evidence is thin, the defense can argue that the state hasn’t met its burden of proof. This often leads to plea deals for lesser charges or outright dismissals. Working with a qualified criminal defense attorney is essential for a good defense strategy.
Duress or Coercion
In some cases, defendants may argue that they committed the alleged act under duress or coercion. This defense applies when someone was threatened or forced into entering a dwelling against their free will. It highlights that the accused’s actions were driven by fear rather than criminal intent. Duress defenses typically involve:
Proof of threats: Evidence showing the accused feared immediate harm if they didn’t comply.
Demonstrating lack of choice: Showing that no reasonable alternative existed other than committing the act.
Linking coercion to the burglary: Explaining how the threats directly led to the alleged offense.
Although this defense doesn’t deny the act itself, it shifts focus to the circumstances, showing that the accused wasn’t acting voluntarily. Courts may reduce charges or consider lighter penalties when coercion is proven. Successfully presenting duress as a defense requires careful documentation and credible evidence to support the claim.
Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they wouldn’t have otherwise committed. While rare in burglary cases, entrapment can still apply if undercover officers or sting operations pushed the accused into unlawful actions. Entrapment defenses involve showing that:
The idea to commit the crime originated with law enforcement.
The accused wasn’t predisposed to commit burglary before police involvement.
Tactics used by law enforcement went beyond providing an opportunity and actively persuaded or pressured the accused.
If entrapment can be established, the burglary charge may not hold, since the law doesn’t allow convictions for crimes essentially manufactured by the state. This defense shows that the accused was induced into committing an act they wouldn’t have otherwise considered. Courts take entrapment seriously because it challenges the fairness and integrity of the legal process.
Contact an Experienced Criminal Defense Attorney Today
A burglary charge for an unoccupied dwelling in Florida is a serious matter that can affect your freedom, reputation, and future. At OrlandoDefense.com, we work with clients across Orange and Osceola County, including Orlando, Plymouth, Tangerine, Winter Garden, Winter Park, and Zellwood in Orange County, and Celebration, Kissimmee, Poinciana, Buenaventura Lakes, Narcoossee, Campbell City, Intercession City, St. Cloud, St. Cloud Manor, and Yeehaw Junction in Osceola County.
You need an experienced criminal defense attorney who will listen to your side of the story and explore the defense options available to you. That’s where we come in. Our goal is to protect your rights, challenge the prosecution’s evidence, and fight for a good outcome. Reach out to us now to get started.