Orlando Burglary of a Dwelling Defense Attorney

According to Florida Statute 810.02(3) Burglary of a Dwelling is defined as unlawfully entering a dwelling, remaining insider a dwelling surreptitiously, or remaining inside a dwelling after permission to remain has been withdrawn with the intent to commit a crime inside. A Dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage.


The crime of Burglary of a Dwelling is a Level 7 offense under the Florida Criminal Punishment Code. The penalty for a Burglary of a Dwelling:

  • Second Degree Felony
    • Up to 15 years in prison; or
    • 15 years probation; and
    • Up to a $10,000 fine.

The minimum sentence for Burglary of a Dwelling is 21 months.

Possible Defenses

Burglary of a Dwelling charges can be combated by common defenses that include:

  • Being a bystander or accomplice involved in the crime;
  • The affirmative defense of consent to enter the premises;
  • The dwelling is open to the public;
  • The crime lacks intent.


If you find yourself standing accused of Burglary of a Dwelling you need to be sure you have a good lawyer on your side. Facing Burglary of a Dwelling charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.