Criminal Defense
Since 1993
Since 1993
Understanding Burglary Charges in Florida: A Defense Attorney’s Guide
In Florida, “burglary” is a more technical crime than most people realize. Every burglary charge, whether it’s for a car, a business, or a home, is made up of three essential parts. To convict you, a prosecutor must prove all three. Our defense often begins by attacking the weakest of these elements.
The three types of burglary are:
- Burglary of a Conveyance (a car, truck, or boat)
- Burglary of a Structure (a business or non-residential building)
- Burglary of a Dwelling (a home or apartment)
Charged with Burglary in Orlando? The State must prove much more than just an unlawful entry. Call my office to discuss the specific elements and potential defenses in your case. Call John Guidry: (407) 423-1117
The Three Elements of Every Florida Burglary
Here is what the State must prove beyond a reasonable doubt:
- An entry into a dwelling, structure, or conveyance.
- The entry was made without permission.
- The entry was made with the intent to commit another crime inside.
That third element—the intent to commit an offense therein—is the most important part. It’s what elevates a simple misdemeanor trespass into a serious felony burglary.
How We Defend Burglary Cases: Attacking the Elements
A strong defense involves picking apart the State’s ability to prove these elements.
Defense #1: Challenging the “Intent” If a prosecutor cannot prove you entered a place with the intent to commit another crime after you got inside, they do not have a burglary case. The real-life case of Gaskin v. State is a perfect example. Gaskin, 869 So.2d 646 (Fla. 3d DCA 2004).
Mr. Gaskin escaped from jail and, to hide from police, broke into a nearby business. He was quickly caught and convicted of burglary, with the prosecutor arguing that he entered the business with the intent to “escape.” The conviction was overturned. The appeals court reasoned that Gaskin’s “Shawshank moment” was already over—he had already escaped jail before he entered the business. His intent inside the business was merely to hide, not to commit a new crime. As a result, his crime was a misdemeanor trespass, not a felony burglary.
Defense #2: Challenging the “Entry” The definition of “entry” isn’t always as clear as breaking down a front door. We attorneys pick on this word all the time. For example, is rummaging through items on an open, unenclosed back patio an “entry” into the dwelling? Often, it is not.
A classic example involves a Burglary of a Conveyance. If someone is accused of stealing the rims and tires off a car, is that a burglary? No. While it may be theft, it is not a burglary because the person never broke the plane of the car’s interior. There was no “entry.”
These are just a few of the nuances and loopholes in Florida’s burglary law. If you are facing a burglary charge in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. I have been defending clients against these serious felonies since 1993, and I know how to attack the weaknesses in the State’s case.
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.