Clermont Burglary Defense Lawyers

Facing A Burglary Charge Can Change Everything

If you or someone you care about has been arrested for burglary in Clermont, you are facing a situation that can affect your freedom, your job, and your future. A felony accusation can feel overwhelming, especially if you have never been inside a criminal courtroom before. You may be searching for a burglary attorney in Clermont who can step in quickly, explain what is happening, and build a strategy to protect you.

At The Law Offices of Justin Rickman, we defend people accused of burglary and other serious crimes in Clermont and throughout Lake County. With more than 40 years of combined legal experience, our criminal defense team understands how Florida burglary cases move through the local courts and what is at stake at each step. We treat every case as a turning point in a client’s life, not just another file.

From the first conversation, our goal is to bring structure to the chaos you are feeling. We walk you through what to expect, discuss realistic best and worst case scenarios, and begin building a plan tailored to your situation. You do not have to face this alone.

Contact our firm today at (888) 835-5840 to schedule a consultation.

What is Considered Burglary?

Under Florida Statute § 810.02, burglary is defined as entering a dwelling, structure, or conveyance (such as a car) with the intent to commit an offense therein.

Crucially, you do not actually have to steal anything to be charged with burglary. The law focuses on your intent. If the State of Florida can prove you entered a location without permission and intended to commit any crime (theft, assault, or vandalism), they can secure a burglary conviction.

Key Elements of Burglary:

• Unlawful Entry: Entering a property without invitation or after permission has been revoked.
• Structure/Conveyance: This includes homes (dwellings), businesses (structures), and vehicles or boats (conveyances).
• Criminal Intent: The most contested element. The prosecution must prove you intended to commit a crime at the exact moment you crossed the threshold.

Penalties for Burglary in Florida

Florida uses a "Point System" for sentencing, and burglary ranks high on the severity scale. The penalties depend on the type of building involved and whether anyone was present.

Third-Degree Felony Burglary

Typically involves an unoccupied structure or conveyance (e.g., a vacant warehouse or an empty car).

• Max Sentence: 5 years in prison
• Max Fine: $5,000

Second-Degree Felony Burglary

Occurs when the defendant enters a dwelling (someone’s home), an occupied structure, or an authorized emergency vehicle.

• Max Sentence: 15 years in prison
• Max Fine: $10,000

First-Degree Felony Burglary

The most severe classification. This applies if the offender:

• Commits an assault or battery upon someone during the crime.
• Is armed (or becomes armed) with a dangerous weapon or explosive.
• Causes more than $1,000 in property damage using a motor vehicle as a tool.

Max Sentence: Life in prison

Legal Defenses to Burglary Charges

Facing a burglary charge in Clermont requires a strategic defense tailored to the specific facts of your case. At The Law Offices of Justin Rickman, we explore every possible avenue to get your charges reduced or dismissed.

• Lack of Intent: This is often the strongest defense. If you entered a property but did not intend to commit a crime (e.g., you were seeking shelter or were confused), the charge may be reduced to simple trespass—a misdemeanor.
• Consent or Invitation: If you had a reasonable belief that you were allowed to be on the premises, you cannot be convicted of burglary.
• The Premises Were Open to the Public: You cannot "burglarize" a business during normal operating hours if the area was open to the general public.
• Mistaken Identity: Many burglary cases rely on grainy surveillance footage or unreliable eyewitnesses. We use forensic experts and alibi evidence to challenge the State’s identification.
• Fourth Amendment Violations: If Clermont police obtained evidence through an illegal search or seizure, we may be able to suppress that evidence, effectively gutting the prosecution’s case.

Burglary FAQs

Does the victim have to be home for me to be charged with burglary?

No. While the penalties are more severe if someone is present (making it a "burglary of an occupied dwelling"), you can still be charged with a felony for entering an empty home or business.

Can I be charged if I didn't actually break a window or lock?

Yes. Florida law does not require "breaking and entering." Simply walking through an unlocked door or reaching through an open window with criminal intent is enough to satisfy the statute.

What are "Burglary Tools"?

Under Florida Statute § 810.06, possession of burglary tools (like crowbars, lock picks, or master keys) with the intent to use them is a separate third-degree felony.

Can a burglary charge be reduced to a misdemeanor?

Yes. If we can prove there was no intent to commit a crime inside the structure, the charge may be downgraded to trespass, which is a much less severe offense.

Why Our Team Is Ready To Defend You

When you are deciding who will stand between you and a burglary conviction, experience and local knowledge matter. Our firm is based in Clermont and our attorneys have over four decades of combined practice in Florida courts. Our founder has more than 20 years in practice, and our litigation attorney spent nearly a decade as a public defender handling serious felony cases, including property crimes that carry long prison terms.

We regularly represent clients in the Lake County courthouse in Tavares, and we also appear in Orange, Osceola, and Polk counties throughout the Four Corners region. That familiarity with different judges, prosecutors, and courtroom procedures helps us anticipate how a burglary case is likely to be handled and which strategies may be most effective. It also means we can explain the process to you in practical terms, not just legal theory.

Integrity is the backbone of how we practice. We are straightforward about the strengths and problems in your case, and we will not sugarcoat possible outcomes. Instead, we focus on giving you clear information and options so you can make informed decisions. When the stakes are high, we fight hard for our clients and continue pushing even when a case could go either way. At the same time, we know that some matters can be resolved efficiently long before trial, and we work to identify those opportunities without cutting corners.

Our team approach is another key advantage. Our seasoned paralegals are involved in your case from the start, helping us move filings quickly, track deadlines, and keep you updated. This structure allows us to provide the kind of attentive, aggressive representation many people associate with big city firms, but without the inflated costs.

Call (888) 835-5840 to speak with our defense team today.