If you’re facing burglary charges in Pensacola, you need an experienced Pensacola burglary lawyer who understands Florida’s criminal justice system and will fight aggressively for your rights. At The Morris Firm, we have handled over 4,000 criminal cases and bring more than a decade of trial experience to your defense. Burglary charges carry serious consequences, including potential prison time, substantial fines, and lasting damage to your reputation. We’re available 24/7 to discuss your case and help you understand your legal options.
Why Choose The Morris Firm for Your Burglary Defense
When your freedom is on the line, you need a defense team that combines legal expertise with genuine commitment to your case. The Morris Firm stands out in the Pensacola legal community for several reasons.
Brandon Morris, our lead attorney, is a native Pensacolian with deep roots in this community. He has successfully defended clients facing burglary and other serious criminal charges, achieving dismissals and favorable outcomes through aggressive representation and strategic negotiation. With over 4,000 cases handled, Morris brings extensive trial experience and a proven track record of case results.
Our firm maintains strong relationships with local law enforcement, prosecutors, and judges—relationships that prove invaluable when advocating for your interests. We offer affordable retainers with flexible payment plans, ensuring that cost doesn’t prevent you from getting quality legal representation. Most importantly, we treat every client with respect and provide personalized attention throughout their case. You’ll never feel like just another file number here. We’re available around the clock because we understand that legal emergencies don’t follow business hours.
Understanding Burglary vs. Theft vs. Robbery
Many people use these terms interchangeably, but Florida criminal law treats them as distinct crimes with different elements and penalties. Understanding these differences is crucial to your defense.
- Burglary involves entering a dwelling, structure, or conveyance with the intent to commit a crime inside; typically theft, but potentially any felony or misdemeanor. The key element is the intent at the time of entry. You don’t actually have to steal anything to be charged with burglary. This distinction is important because it separates burglary from theft charges, which focus on the taking of property rather than the unlawful entry.
- Theft is the unauthorized taking and carrying away of someone else’s property with the intent to permanently deprive them of it. Theft focuses on the taking of property itself, not on entering a structure. If you’re facing theft charges, our Pensacola theft defense lawyers can help you understand your options.
- Robbery involves taking property from a person through force, threat, or intimidation. It’s a crime against a person, whereas burglary and theft are crimes against property. Robbery typically carries harsher penalties than burglary or theft because it involves direct confrontation and potential violence. Our violent crimes defense lawyers have extensive experience defending clients against robbery charges.
These distinctions matter significantly for your defense strategy. A skilled Pensacola burglary lawyer can sometimes challenge the prosecution’s characterization of your conduct or argue that the evidence supports a lesser charge.
Residential vs. Commercial Burglary Charges
Florida law treats residential and commercial burglary differently, and the prosecution’s approach varies based on the type of structure involved.
- Residential burglary (Burglary of a Dwelling) is typically charged as a Second-Degree Felony, punishable by up to 15 years in prison. Courts treat the sanctity of the home very seriously.
- Commercial burglary (Burglary of an Unoccupied Structure) is often charged as a Third-Degree Felony, carrying penalties of up to 5 years. However, if the business was occupied at the time, the charge can be upgraded to a Second-Degree Felony.
The prosecution may pursue residential burglary more aggressively because juries tend to view home invasions as particularly heinous crimes. Prosecutors may also seek enhanced penalties if the burglary occurred at night or if the defendant was armed. Your defense strategy must account for these factors and the specific circumstances of your case. Our Pensacola criminal defense attorneys can evaluate your situation and develop a tailored approach.
Armed Burglary Penalties in Florida
Armed burglary, burglary committed while carrying a weapon or firearm, is one of the most severe criminal charges in Florida.
Unlike standard felonies, Armed Burglary is a First Degree Felony Punishable by Life (PBL). This means a conviction carries a maximum sentence of Life in Prison, not just 30 years. Additionally, under Florida’s 10-20-Life law, possessing a firearm during a burglary can trigger mandatory minimum prison sentences of 10, 20, or 25 years to life, regardless of your prior record.
Florida law may impose mandatory minimum sentences for certain armed burglary convictions, depending on specific circumstances. If you’re convicted of armed burglary of a dwelling, mandatory minimum sentences may apply under Florida’s firearm enhancement statutes and Criminal Punishment Code, with the actual minimum depending on factors such as the type of weapon used and your prior criminal history.
Aggravating factors that can increase penalties include:
- Committing the burglary at night
- Displaying or using the weapon
- Causing injury to another person
- Having prior criminal convictions
- Targeting a residence where occupants were present
An experienced burglary defense attorney will examine every aspect of the prosecution’s case to identify weaknesses and explore options for reducing charges or securing a more favorable outcome.
How Burglary Cases Are Prosecuted in Florida
Understanding Florida’s criminal process helps you prepare for what lies ahead. The prosecution must prove every element of burglary beyond a reasonable doubt—a high standard that provides opportunities for effective defense.
The criminal process typically begins with arrest or a notice to appear. If law enforcement has probable cause, they may arrest you immediately. Otherwise, you’ll receive a notice to appear in court at a specified date and time. Understanding your rights during arrest is essential.
Your first appearance occurs within 24 hours of arrest. During this hearing, you’ll learn the charges against you and the bail amount. You have the right to remain silent at this stage; anything you say can be used against you later. Our Pensacola criminal defense lawyers can represent you at this critical stage.
At the preliminary hearing, the prosecution must present evidence showing probable cause that you committed the crime. This is your attorney’s opportunity to challenge the evidence and potentially get charges reduced or dismissed if the prosecution’s case is weak.
If your case doesn’t get dismissed, you may have the opportunity to negotiate a plea agreement with the prosecutor. This might involve pleading guilty to a lesser charge in exchange for a reduced sentence. However, you always have the right to proceed to trial.
At trial, the prosecution presents its evidence and witnesses, and your defense team presents your case. The burden remains on the prosecution to prove guilt beyond a reasonable doubt. If the jury or judge finds you not guilty, the charges are dismissed. If convicted, sentencing occurs within weeks or months.
Building Your Defense Strategy
Every burglary case is unique, and your defense must be tailored to the specific facts and circumstances. Several defense strategies may apply to your situation.
We may challenge the evidence of intent. Burglary requires proof that you intended to commit a crime when you entered the structure. If the evidence doesn’t clearly establish this intent, we can argue for dismissal or a lesser charge. This is where criminal procedure expertise becomes invaluable.
We might also challenge police procedures and evidence collection. If law enforcement violated your constitutional rights during arrest, search, or interrogation, we can file motions to suppress illegally obtained evidence. Without that evidence, the prosecution’s case may collapse. Understanding your rights is the first step in building a strong defense.
In some cases, we negotiate plea agreements such as pre-trial interventions that result in reduced charges or sentences. While going to trial is sometimes the best option, a favorable plea deal can protect your future and minimize consequences.
We prepare thoroughly for trial representation, presenting evidence and witnesses that support your defense and challenging the prosecution’s case at every turn. Early legal intervention is critical; the sooner you hire an experienced Pensacola criminal defense attorney, the more time we have to investigate, gather evidence, and build a strong defense.
Frequently Asked Questions About Burglary Charges
What is the difference between burglary and breaking and entering?
Breaking and entering refers specifically to forcibly entering a structure, while burglary includes entering with criminal intent, whether you broke in or entered through an open door. Burglary is the broader charge and carries harsher penalties. Understanding this distinction is crucial when facing burglary charges.
Can burglary charges be reduced or dismissed?
Yes. We can get charges dismissed if the prosecution lacks sufficient evidence, if your constitutional rights were violated, or if procedural errors occurred. We can also reduce charges through plea negotiations or if the evidence supports a lesser charge, like theft instead of burglary. Our felony defense lawyers have successfully negotiated favorable outcomes for many clients.
What should I do if I'm arrested for burglary?
Exercise your right to remain silent and request an attorney immediately. Don’t answer questions or sign documents without legal representation. Contact The Morris Firm right away at (850) 503-2626 for a free consultation. Time is critical in criminal defense cases.
How long does a burglary case take in Florida?
Timeline varies depending on case complexity, whether you go to trial, and court schedules. Simple cases may resolve in months, while cases going to trial can take a year or longer. Your attorney can provide a more specific timeline based on your circumstances. We handle cases throughout Escambia County and surrounding areas.
What are the collateral consequences of a burglary conviction?
Beyond prison time and fines, a burglary conviction can result in difficulty finding employment, housing, or professional licenses. You may lose voting rights, firearm ownership rights, and custody of children. These collateral consequences make aggressive defense critical. Understanding the full impact of a conviction is why early legal intervention matters.
Do I need an attorney for a burglary charge?
Absolutely. Burglary is a serious felony with life-altering consequences. An experienced attorney protects your rights, challenges the prosecution’s evidence, and works toward the best possible outcome. Attempting to defend yourself puts your future at serious risk.
Contact The Morris Firm for Your Free Consultation
If you’re facing burglary charges in Pensacola, don’t wait to get legal help. The sooner you contact an experienced attorney, the better we can protect your rights and build your defense.
The Morris Firm offers a free case evaluation to discuss your situation and explain your legal options. Call (850) 503-2626 today to speak with Brandon Morris and our legal team. We’re available 24/7 because we understand that arrests and legal emergencies don’t follow business hours.
We serve clients throughout Pensacola, Escambia County, Santa Rosa County, and surrounding areas. Whether you’re facing residential burglary, commercial burglary, armed burglary, or related charges, we have the experience and commitment to fight for the justice you deserve.
The Morris Firm816 E La Rua Street, 2nd Floor
Pensacola, FL 32501
(850) 503-2626Hablamos Español
