Burglary & Trespassing Defense Attorneys in Tampa

Burglary and trespassing charges are serious offenses in Florida that can lead to significant jail time, fines, and long-term consequences for your record. Whether the allegation involves entering a residence, vehicle, or business property without authorization, these charges require immediate attention and skilled legal representation.

At Roussos Law Group, we defend clients accused of burglary and trespassing across Florida. Our team leverages prosecutorial insight to evaluate the evidence, challenge procedural errors, and safeguard your rights from the very start.

Understanding Burglary & Trespassing Charges in Florida

Florida law defines burglary under Florida Statute §810.02 as entering or remaining in a structure, dwelling, or conveyance with the intent to commit a crime inside, unless the premises were open to the public or the person had permission to enter.

Trespassing, under §810.08 and §810.09, involves entering or remaining on someone’s property without authorization — but without the intent to commit another offense.

Common burglary and trespassing charges include:

  • Burglary of a Dwelling: Entering or remaining in a home with intent to commit an offense therein.
  • Burglary of a Structure or Conveyance: Involving businesses, vehicles, or boats.
  • Armed Burglary: Entering while in possession of a firearm or dangerous weapon.
  • Trespass in a Structure or Conveyance: Remaining after being warned to leave.
  • Trespass on School or Construction Property: Entering restricted areas without permission.

 

Penalties depend on the charge and circumstances — burglary is often a felony, while simple trespass is generally a misdemeanor.

How Prosecutors Build Burglary and Trespass Cases

Prosecutors rely on physical evidence, witness statements, and circumstantial proof to establish intent and unauthorized entry. Our criminal defense attorneys understand how these cases are built and where mistakes can occur.

Common evidence includes:

  • Surveillance footage or security alarms
  • Fingerprints, DNA, or tool marks
  • Testimony from property owners or witnesses
  • Police bodycam or incident reports
  • Confessions or statements obtained during questioning
  • Possession of allegedly stolen property

 

Our team scrutinizes every element of the State’s case — including the legality of searches, seizures, and confessions — to identify opportunities for dismissal or reduction.

Defending Against Burglary & Trespassing Charges

Each case is unique. Our defense strategies depend on the facts, intent, and strength of the evidence.

Common defenses include:

  • Lack of intent: Showing no intent to commit a crime upon entry.
  • Permission or mistaken belief: Demonstrating that entry was authorized or based on a misunderstanding.
  • Misidentification: Challenging witness reliability or surveillance interpretation.
  • Illegal search or arrest: Contesting violations of your constitutional rights.
  • Insufficient proof: Exposing gaps or inconsistencies in the prosecution’s evidence.

 

At Roussos Law Group, we carefully analyze every piece of evidence — from video recordings to police procedure — ensuring that your constitutional protections are upheld.

Possible Consequences of a Burglary or Trespassing Conviction

The penalties for burglary and trespassing vary widely under Florida law: Burglary Offenses: Burglary of a Dwelling: Felony, punishable by up to 15 years in prison and a $10,000 fine. Burglary of a Structure or Conveyance: Up to 5 years in prison, depending on the offense level. Armed Burglary: First-degree felony, punishable by up to life imprisonment. Trespassing Offenses: Simple Trespass: Misdemeanor, up to 60 days in jail and fines up to $500. Trespass with a Dangerous Weapon: Felony, up to 5 years in prison. Additional consequences may include: Permanent criminal record Loss of employment opportunities or housing eligibility Restrictions on firearm possession for felony convictions Immigration consequences for non-citizens This summary is for general educational purposes and may not reflect the most recent changes to Florida law. Always consult an attorney for legal advice regarding your specific case.

Frequently Asked Questions

What’s the difference between burglary and trespassing?

Burglary requires intent to commit another crime inside the property. Trespassing involves unauthorized entry without criminal intent.

Can I be charged with burglary if nothing was stolen?

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Is it still trespassing if I didn’t see a “No Trespassing” sign?

Potentially. You can be charged if an owner, authorized person, or law enforcement ordered you to leave and you refused.

What if I entered by mistake or thought I had permission?

Lack of intent or reasonable belief of permission can be strong defenses and should be discussed with an attorney immediately.

Will a burglary conviction stay on my record?

Yes. Burglary is a felony and cannot be sealed or expunged under Florida law.

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Frequently Asked Questions

What’s the difference between burglary and trespassing?

Burglary requires intent to commit another crime inside the property. Trespassing involves unauthorized entry without criminal intent.

Can I be charged with burglary if nothing was stolen?

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Is it still trespassing if I didn’t see a “No Trespassing” sign?

Potentially. You can be charged if an owner, authorized person, or law enforcement ordered you to leave and you refused.

What if I entered by mistake or thought I had permission?

Lack of intent or reasonable belief of permission can be strong defenses and should be discussed with an attorney immediately.

Will a burglary conviction stay on my record?

Yes. Burglary is a felony and cannot be sealed or expunged under Florida law.