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Burglary

Daytona Beach Burglary Attorney

Defending Clients Accused Of Burglary in Deland and Daytona Beach 

Burglary, as outlined by Florida Statute 810.02(1)(b), means to enter a dwelling, structure, or conveyance with the intent to commit an offense. Burglary is classified as a felony. The circumstance surrounding the burglary determines the degree of the offense (first, second, or third), and the punishments at stake if you are found guilty.

Have you been arrested for burglary? Call Thompson Law, P.A., today at (386) 280-4977 or contact us online to schedule a free consultation with our burglary lawyer in Daytona Beach & Deland.    

What is Burglary?

A person commits burglary when they enter a dwelling, structure, or conveyance with the intent to commit an additional crime. The intended crime can be anything other than burglary or trespass, so crimes like petit theft, arson, assault, kidnapping, criminal mischief, or any other crime meet the criteria for a burglary charge. Note that you do not have to actually commit the crime during the course of the burglary – the intent to commit a crime is all that matters. Intent can be a tricky thing to prove since it involves the mental state of the defendant. However, intent, like any other element, can be proved using circumstantial evidence – evidence that is indirectly linked to the crime. Intent can also be inferred. 

Burglary Under Florida Jury Instructions 

The Florida Jury Instructions for Burglary state, “You may infer the defendant had the intent to commit a crime inside a structure or conveyance if the entering or attempting entering of the structure or conveyance was done stealthily and without the consent of the owner.” The Florida Jury Instructions further clarify that, to be found guilty of burglary, the whole body of the defendant does not need to enter. If any part of your body enters the structure or conveyance, even a small part such as your hand, you can be found guilty of burglary. As a prosecutor, Attorney Matt Thompson obtained a conviction on a defendant who only reached his hand into the bed of a truck and stole a chainsaw. Matt Thompson has extensive experience with all facets of burglary charges, and he can help you.

Is Burglary a Felony?

Burglary is classified as a felony. Felonies carry degrees – first, second, and third – that have varying levels of punishment. First, second, and third-degree felonies all have at least one thing in common: they all carry jail time.

Third-Degree Felony – If the offender does not make an assault or battery and is not armed with a dangerous weapon or explosive, and there is not another person in the structure or conveyance at the time the offender enters [s. 810.02(4)(a)(b)]. Punishable by up to 5 years in jail, 5 years probation, and a fine of $5,000.

Second-Degree Felony – If the offender does not make an assault or battery and is not armed with a dangerous weapon or explosive, and the offender enters a dwelling (with or without another person in the dwelling at the time of entering) [s. 810.02(3)(a)(b)]; enters a structure or conveyance, and there is not another person in the structure at the time of entering [s. 810.02(3)(c)(d)]; enters an authorized emergency vehicle [s. 810.02(3)(e)]; or enters a structure or conveyance when the offense intended to be committed is theft of a controlled substance [s. 810.02(3)(f)]. Punishable by up to 15 years in jail, 15 months of probation, and a fine of $10,000.

First-Degree Felony – If the offender, in the course of committing the burglary, does any of the following: make an assault or battery upon any person [s. 810.02(2)(a)], is or becomes armed with a dangerous weapon or explosive [s. 810.02(2)(b)], enters an occupied or unoccupied dwelling or structure and uses a motor vehicle to cause damage to the dwelling or structure or causes damage in excess of $1,000 [s. 810.02(2)(c)(1)(2)]. Punishable by up to life imprisonment and a fine of $15,000.

Even if it your very first time being arrested, if you are charged with burglary of a dwelling, or someone’s home, you are facing a mandatory prison sentence.

Understanding Burglary Crimes in Daytona Beach and Deland

Dealing with burglary charges in Daytona Beach or Deland can be an overwhelming and stressful experience. These vibrant communities are home to a mix of residents and visitors, making certain situations more complex than they seem. Local law enforcement, including the Daytona Beach Police Department and the Volusia County Sheriff’s Office, takes burglary offenses seriously, which means charges can escalate quickly, even from a simple misunderstanding.

For example, intent can often be misunderstood in bustling neighborhoods where interactions within the community are frequent. An unclear situation can lead to accusations that may alter the course of your life. Tourism in the area adds another layer of complexity, as misunderstandings or incidents involving visitors can sometimes result in charges.

It’s crucial to understand the emotional toll and potential consequences that come with facing burglary charges. The penalties in Florida can be severe, and navigating the system without clear guidance can feel intimidating. Thankfully, local resources are available to help you learn about your legal rights and connect with important support systems.

At Thompson Law, P.A., we understand the unique challenges of facing the local courts and law enforcement in Daytona Beach and Deland. Our priority is to provide compassionate, knowledgeable guidance to help you make informed decisions. With a strong understanding of the legal landscape in these communities, we’re here to support you every step of the way, so you can move forward with clarity and confidence during this difficult time.

Why Hire Thompson Law 

With all of this at stake, it is important that you hire a burglary attorney who is going to defend your case with every ounce of his energy. A public defender or large law firm will not have the time or energy to give your case the attention it needs. Thompson Law is purposefully kept small. Attorney Matt Thompson typically only handles 10 new cases, ensuring that he will aggressively defend your case. We begin crafting your defense the moment you step foot into our office.

This means that Thompson Law will be working with you every step of the way during the life of your case. Our firm begins by speaking directly to you. We listen to your description of the incident so that your Daytona Beach burglary lawyer can assess the approach that is going to put you in the best position in light of your individual circumstances. Not every burglary case is the same, and when some cases carry the possibility of life in prison, an individualized approach is the only way to ensure that you get the best possible deal. 

Contact Our Burglary Attorney in Daytona Beach Today 

This is why we emphasize direct and candid communication with each and every one of our clients. With over 10 years of legal experience, Matt Thompson knows that being accused of a crime is a difficult and confusing time in your life, and he offers the knowledge, honesty, and compassion necessary to work through your case.

Contact Thompson Law, P.A., today to get started on your defense with our Daytona Beach burglary attorney.

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Our Settlements & Verdicts

  • All Charges Dismissed Domestic Violence

    Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.

  • No Criminal Charges Filed Public Assistance Fraud

    Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.

  • Deferred Prosecution Agreement Loitering and Prowling

    Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.

  • Charges Reduced to Simple Assault Aggravated Assault with a Firearm

    At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson

  • All Charges Dismissed Domestic Battery

    Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.

  • Charges Reduced Sale and Possession of Heroin

    Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.