Like all crimes classified as felonies, burglary should be taken seriously. If you are convicted of these charges, you could potentially spend years in prison. Even just being charged with a felony is enough to have lasting consequences.
But burglary charges don’t have to devastate your life. Experienced lawyers, like those at Metcalf Falls, Criminal Defense Attorneys, P.A., can guide you through the criminal defense process while protecting your rights and welfare.
What to Do Right Now If You Are Charged with Burglary
A burglary charge in Florida is a serious felony that can result in years in prison. If you have been arrested or are under investigation, take these steps immediately to protect yourself:
- Do not speak to police without an attorney. Tell the officer: “I want to speak with my attorney before answering any questions.” Do not explain where you were, why you were there, or what happened. Even innocent explanations can be twisted into admissions of presence or intent.
- Preserve phone and location data. Your cell phone location history, GPS data, rideshare records, and financial transactions (credit card receipts, ATM withdrawals) can establish where you actually were at the time of the alleged burglary. Do not delete anything from your phone.
- Secure alibi witnesses immediately. Write down the names and contact information of anyone who can confirm your whereabouts at the time of the alleged offense. Memories fade and witnesses become harder to locate over time—act now.
- Photograph the scene if possible. If you have legal access to the location, photograph conditions that support your defense—for example, evidence that a door was already open, that the property was abandoned, or that you had permission to be there.
- Do not discuss the case on social media or jail phones. All calls from the Hillsborough County jail are recorded. Prosecutors and investigators routinely review social media accounts.
- Contact Metcalf Falls at (813) 258-4800 immediately. We are available 24/7 and can attend your first appearance, argue for reasonable bond, and begin investigating your case from day one.
Understand the collateral consequences: A burglary conviction is a felony that can affect your right to vote, your right to possess firearms, your employment prospects, your immigration status, and your eligibility for professional licenses. The stakes are high—do not face these charges without experienced representation. Learn about the consequences of a criminal conviction.
Florida Burglary Laws
Burglary is one of many types of property crimes. According to Florida burglary statutes, burglary occurs when an individual enters or occupies another person’s premises with the intent of committing a crime. This offense is charged as a felony in Florida.
Florida Burglary Penalties
As previously noted, the penalties for burglary can be quite severe. The sentence for third-degree felony burglary in Florida is:
- Up to five years in prison
- A maximum $5,000 fine
- Up to five years of probation
Burglary can also be charged as a first-degree felony if the prosecution proves that you were armed with a dangerous weapon or committed assault and battery while engaged in the burglary. Armed burglary or burglary with assault and battery is charged as a first-degree felony, which carries a maximum penalty of life imprisonment.
What Happens After a Burglary Arrest in Hillsborough County
Understanding the criminal process helps you make informed decisions at every stage. Here is what to expect after an arrest for burglary in Tampa:
Arrest and Booking
After arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road facility) for booking. Burglary of a dwelling is a second-degree felony, so bond amounts are typically higher than for misdemeanor charges. Burglary of an occupied dwelling is a first-degree felony with even higher bond.
First Appearance and Bond
Within 24 hours, you appear before a Hillsborough County judge who sets bond. The judge considers the severity of the charge (dwelling vs. structure vs. conveyance), your criminal history, flight risk, and community ties. Our attorneys attend first appearances in court to argue for the lowest possible bond and favorable release conditions. Understanding the bail bond system in Florida is essential for families trying to secure a loved one’s release.
Discovery and Pretrial Motions
During the pretrial phase, your attorney obtains all discovery: police reports, surveillance footage, fingerprint and forensic evidence, witness statements, and the search warrant affidavit. We file motions to suppress illegally obtained evidence—for example, if police entered a home without a warrant or conducted an illegal vehicle search. If the key evidence is suppressed, the case often collapses. Learn about how the Fourth Amendment protects your criminal case.
Plea Negotiations
Many burglary cases are resolved through negotiation. We pursue charge reductions (for example, reducing burglary of a dwelling to burglary of a structure, or reducing to trespassing), diversion programs such as pretrial intervention, or favorable plea agreements. First-time offenders with no violent history often have strong negotiation leverage.
Trial and Sentencing
If no favorable resolution is reached, your case proceeds to trial at the Hillsborough County Courthouse. The prosecution must prove every element of burglary—including entry and specific intent to commit a crime inside—beyond a reasonable doubt. Mere presence in or near a building is not enough. Learn about Florida sentencing guidelines.
Where Do Most Burglaries Happen?
There is another way that burglaries can be charged at higher than a third-degree offense.
Both the location of the burglary and whether that location is occupied affect the level of the charge. In some cases, this will increase the charge to a second-degree felony, which can result in a fine of up to $10,000 and a prison sentence of up to 15 years.
Burglary of a Dwelling
If you are charged with burglary of a dwelling, you will face second-degree charges, regardless of whether the dwelling was occupied at the time. A dwelling is a building where people live. Typically, this means a home or apartment, but even a houseboat would count, although it is a form of conveyance.
Furthermore, if the governor has declared a state of emergency, the burglary of an unoccupied dwelling becomes a first-degree felony with appropriate penalties.
Burglary of a Structure
When premises aren’t designed to be occupied by people, the definition of that type of premises depends on whether it is mobile.
A structure isn’t mobile. It can be temporary or permanent as long as it isn’t designed to move. Additionally, a structure must have a roof over it. If someone is charged with burglary of a structure, the charge is a third-degree charge if it is unoccupied and second-degree if occupied.
Burglary of a Conveyance
A conveyance is anything designed to move but not designed to be a dwelling. This includes:
- Cars
- Ships
- Railcars
- Trucks and trailers
- Aircraft
Similar to burglary of a structure, if you are charged with burglary of a conveyance, the degree of the felony will be higher if it was occupied at the time of illegal activity.
Defenses Against a Tampa Burglary Charge
The simplest defense against a burglary charge is innocence. However, simple doesn’t mean easy. Proving that you are innocent can be challenging, especially if the prosecution has a significant amount of evidence that could convince a jury you are guilty.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we use several strategies to defend against these charges. The following are some of the most common.
You Weren’t Present When the Crime Occurred
This is an alibi defense. We gather evidence establishing that you were somewhere else at the time of the alleged burglary: phone location data and GPS records, surveillance footage from businesses or residences you visited, rideshare records, credit card and ATM transaction records, and witness testimony from people who were with you. If we can demonstrate you were not at the scene, the prosecution’s case fails regardless of any other evidence.
Typical evidence we seek: Cell tower records, Google/Apple location history, Ring/Nest doorbell footage, gas station and store surveillance cameras, Uber/Lyft ride history, and financial transaction timestamps.
Typical outcome: Dismissal or acquittal when alibi evidence is strong.
Lack of Intent
Burglary requires proof that you entered a dwelling, structure, or conveyance with the specific intent to commit a crime inside—typically theft, battery, or another felony. If you entered without criminal intent—for example, you were looking for shelter, you believed you had permission to be there, or you entered an unlocked business during operating hours—the intent element is not met.
We file: Motions to dismiss based on insufficient evidence of intent. We present evidence of legitimate purpose for being at the location, including witness testimony, text messages arranging a meeting, or evidence that the property was open to the public.
Typical outcome: Charge reduction to trespassing (a misdemeanor with significantly lower penalties) or full dismissal.
Disputing Whether Something Is a Dwelling
Under Florida law, burglary of a dwelling is a more serious charge (second-degree felony, up to 15 years) than burglary of a structure (third-degree felony, up to 5 years) or a conveyance (third-degree felony, up to 5 years). We challenge the classification when the facts support it. For example, an abandoned building, a detached garage not used for habitation, or a partially constructed building may not qualify as a “dwelling” under §810.011.
We file: Motions to reclassify the charge from burglary of a dwelling to burglary of a structure, which reduces the maximum sentence from 15 years to 5 years. We also challenge whether the structure was “occupied” at the time, as occupied-dwelling burglary is a first-degree felony.
Typical outcome: Charge reclassification resulting in significantly reduced sentencing exposure, or dismissal if the state cannot prove the dwelling element.
Challenging the Search and Seizure
In many burglary cases, the prosecution’s evidence comes from a search of your home, vehicle, or person. If police obtained this evidence through an illegal search—without a warrant, without probable cause, or by exceeding the scope of a warrant—we file a Motion to Suppress under the Fourth Amendment. Without the suppressed evidence (such as alleged stolen property found in your possession), the prosecution may be unable to prove its case. We review every search warrant affidavit for false or misleading statements and challenge the legality of every step of the investigation. Learn about defense motions that can get your case dismissed.
Typical outcome: Full dismissal when the key evidence is suppressed.
Protect Your Freedom — Call Metcalf Falls Now
Burglary is a serious felony carrying up to 15 years in prison for a dwelling charge—or life in prison if the dwelling was occupied and you were armed. But many burglary cases are won on suppression grounds, alibi evidence, or lack of intent. The earlier you involve an experienced defense attorney, the stronger your defense.
Call (813) 258-4800 now for a free, confidential consultation with a former prosecutor who handles burglary cases in Hillsborough County. Available 24/7.
Can I Make a Plea Bargain For Burglary Charges?
Some clients freely admit they committed the crime they are charged with. However, just because you committed a crime doesn’t mean you deserve the maximum penalty the law allows.
If a client is willing to suffer the consequences of their actions, we work with the prosecution to get the best possible sentence for them. Typically, if a client has no prior record and no one was injured in the break-in, we can negotiate for reduced charges that do not include prison time or probation.
One mistake doesn’t have to ruin your life. At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand this and will fight to get you a sentence that allows you to recover from your mistake.
Florida Burglary FAQs
The following are some common questions we receive about burglary charges:
Will I Lose My Right to Vote if I Am Convicted of a Burglary Charge?
Yes. Florida strips the right to vote of anyone convicted of a felony and won’t restore it until you have completed your entire sentence (including probation) and paid all fines and court fees.
How Long Does the Burglary Court Process Take?
Felony cases often take a year or longer to resolve if they end in a trial. However, the process may go a lot more quickly (maybe as short as a few weeks) if we can negotiate a plea deal with the prosecutor.
What Are the Differences Between Burglary, Theft, and Robbery?
Many people confuse burglary with other property crimes like theft and robbery. While these terms are used interchangeably in common parlance, they have specific legal meanings.
Theft is a misdemeanor offense where an unauthorized person takes or uses someone else’s property without the intention to return it. It becomes a felony offense when the property’s value is over $300.
Robbery is similar to theft, except it involves the use of force, violence, or fear to facilitate taking the property. This is always charged as a felony.
Trespassing involves unlawfully entering or occupying another person’s premises without their permission. However, you needn’t be doing so intending to engage in an illegal activity.
Contact a Tampa Burglary Defense Lawyer Today
A burglary conviction can mean years in prison, a permanent felony record, and devastating consequences for your employment, housing, and civil rights. But these cases are often won on suppression grounds, alibi evidence, or lack of intent—when handled by an experienced defense attorney.
Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of felony cases. As a Tampa criminal defense attorney, he knows exactly how prosecutors build burglary cases—and he knows how to dismantle them.
Call (813) 258-4800 now or contact us online to schedule your free, confidential consultation. We are available 24 hours a day, 7 days a week.
