Man Attempting to Commit Burglary

Ocala and Gainesville Burglary Attorneys

Burglary Attorneys Tania Alavi & Andrew Pozzuto at the The AP Law Group will aggressively defend your rights by first listening to you to understand how these changes are affecting your life. Our team will then fully investigate the state’s accusations, analyze the issues, examine the evidence and relentlessly advocate on your behalf.

Burglary is a serious crime that exposes a person to a maximum of 30 years in prison. If you are charged with Burglary don’t just sit back wishing it will go away. You need to take immediate action. You need an experienced attorney on your side. Call (352) 732-9191 today.


If you have been charged with Burglary in Ocala or the surrounding area (Citrus, Hernando, Lake, Marion, and Sumter Counties), contact Tania Alavi or Andrew Pozzuto now. We have over 50 years of combined criminal defense experience. We will fight the allegations against you and work to help you avoid the most serious penalties for your alleged offense. Call (352) 732-9191 or tell us about your case using this form.


If you have been charged with a Burglary in Gainesville or the surrounding area (Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties), contact The AP Law Group now. We are experienced criminal defense attorneys. We will consider and explain all of your options from challenging your arrest to preparing for trial. Call (352) 732-9191 or tell us about your case using this form.


Burglary in Florida can either be charged as burglary of a dwelling, burglary of a structure or burglary of a conveyance.

  • A dwelling is defined in the Florida Statutes 810.011 as a building or conveyance of any kind, including any attached porch, permanent or temporary building or conveyance, or mobile building or conveyance that has a roof and is designed to be occupied at night for lodging purposes.
  • A structure under Florida Statutes 810.011 is defined as a building of any kind, including temporary or permanent buildings that have a roof.
  • A conveyance is defined in Florida Statutes 810.011 as any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car.

Burglary offenses are often associated with robbery, theft or breaking and entering, but all have different definitions and penalties under the Florida Statutes.


Because Burglary is considered a crime of dishonesty, and sometimes a crime of violence, being charged with burglary can follow you around the rest of your life, even if the charges turn out to be false.

  • Burglary of an unoccupied structure, or conveyance
    • Florida Statute 810.02 defines Burglary as unlawfully entering a dwelling, structure or conveyance with the intent to commit an offense inside the building unless the building was open to the public or the alleged offender was invited to enter or remain inside.
    • Penalties: In Florida, the crime of Burglary is a 3rd Degree Felony punishable by up to 5 years in prison and/or a $5000 fine.
  • Burglary of a dwelling, or occupied structure or conveyance
    • Florida Statute 810.02 defines Burglary as a 2nd-degree felony punishable by up to 15 years in prison and/or a $10,000 fine if the offender:
    • Does not make an assault or battery during the offense,
    • Is not armed with a dangerous weapon or explosive during the burglary, and
    • Enters an occupied structure, conveyance, or an unoccupied or occupied dwelling.
  • Burglary with violence or using a vehicle
    • Florida Statute 810.02 defines Burglary as a 1st-degree felony punishable by up to 30 years in prison and/or a $10,000 fine, . Burglary is punishable as a felony of the first degree if the offender:
    • Commits an assault or battery against a person during the burglary,
    • Is armed or becomes armed during the burglary with explosives or a dangerous weapon, or
    • Enters the structure and either uses a motor vehicle to assist in committing the burglary (besides use as a getaway car) or causes damage to the structure in an amount more than $1,000.
  • Possession of Burglary Tools
    • Florida Statute 810.06 defines Possession of Burglary Tools as a person having any tool, machine or anything else in their possession with the intent to use the item to commit any burglary or trespass.
    • Penalties: In Florida, the crime of Possession of Burglary Tools is 3rd-degree felony punishable by up to 5 years in prison and/or a $5000 fine.
  • Increased or Enhanced Sentences for Burglary
    • If an offender is convicted of a burglary offense and considered a habitual felony offender, habitual violent felony offender, a three-time violent felony offender, or a violent career criminal, the burglary offense they are convicted of can result in an increased prison sentence. See Florida Statute 775.084

If you have been accused, arrested or charged with any Burglary crime in the Gainesville or Ocala area, contact Tania Alavi & Andrew Pozzuto with The AP Law group immediately.

Let’s meet and discuss your case today. Call (352) 732-9191 or tell us about your case using this form.