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Burglary and Trespass

Florida's Burglary and Trespass Laws applicable in Brevard County


There are three main types of Burglary in the State of Florida:

  1. Burglary of a Dwelling
  2. Burglary of a Structure
  3. Burglary of a Conveyance


What is Burglary

Burglary in Florida can be committed in one of the following ways:

  1. Unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside;
  2. Lawfully entering a dwelling, structure, or conveyance, but then remaining inside either:
    1. Surreptitiously, with the intent to commit a crime;
    2. After permission to remain has been withdrawn, with the intent to commit a crime inside; or
    3. With the intent to commit a forcible felony.


Defense to Burglary


The same defenses of Consent and Openness to the Public that can be used in a Trespass charge can also be used in a Burglary Charge.
In addition, if the client had no intent of committing a crime inside the premises, this may also be a defense and may lead to the Burglary charge becoming a simple Trespass.

Definition of Trespass

To commit the crime of Trespass in Florida, a defendant must do one of the following:

  1. Willfully entering or remaining on some form of real property without authorization, license, or invitation; or
  2. Returning to or ignoring a prior request to stay off real property.


Defenses to Trespass

There may be multiple pre-trial and trial defenses to a crime of trespass, some of the more common defense in addition to those are:

  1. The Disputed Area is Actually Open to the Public.
  2. The client actually received consent to be on the premises.



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Contact a Defense Attorney Today

If you have been charged with the crime of Burglary or Trespass in Melbourne, FL or surrounding Brevard County Areas, contact Defense Attorney Mario Musil for you free initial consultation to discuss how to best possibly defend all of your rights and freedoms. Time is of the essence! Begin your defense NOW.

Call (321) 252 4396!