Burglary
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
Criminal Defense
Bulgary
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No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Panama City Burglary Defence Attorney
Burglary Is Always a Felony in Florida
Burglary charges carry serious consequences in Florida — state prison time, a permanent felony record, and in some cases a life sentence. What many people do not realise is that burglary in Florida does not require actually stealing anything. The charge is based on entering or remaining in a structure with the intent to commit an offence inside — and that intent element is both the foundation of the charge and frequently its most vulnerable point.
Rusty Shepard is a former Assistant State Attorney who has prosecuted and defended burglary cases in Bay County. He knows how these cases are investigated, how intent is inferred from circumstantial evidence, and how to challenge that inference at every stage.
How Florida Defines Burglary
Under Florida Statute § 810.02, burglary is entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offence inside. The structure does not need to be a home — it can be a business, a vehicle, a storage unit, or a vacant building. The offence intended inside does not need to be theft — it can be any criminal offence.
Burglary Charges and Penalties in Florida
Third Degree Felony Burglary — up to 5 years in state prison:
- Entering a structure or conveyance where no one is present
- The structure is not a dwelling
- No assault, battery, or weapon involved
Second Degree Felony Burglary — up to 15 years in state prison:
- Entering a dwelling (any structure where someone lives, even if unoccupied at the time)
- Entering an occupied structure or conveyance
- Entering a structure to commit theft of a controlled substance
- Entering an authorised emergency vehicle
First Degree Felony Burglary — up to 30 years in state prison or life:
- Armed — entering with a weapon or becoming armed during the burglary
- Committing an assault or battery during the burglary
- Using a motor vehicle to damage the structure
- Causing damage to the property during the burglary
Burglary of a Dwelling with Battery or with a Firearm — Felony punishable by life imprisonment under Florida Statute § 810.02.
The Intent Element — The Most Important Issue in Your Case
Burglary requires the prosecution to prove beyond a reasonable doubt that you had criminal intent at the moment of entry. This element is almost always proved circumstantially — through what you were found with, what you did inside, what you said to others, and the circumstances of the entry.
Intent is also the most challengeable element in a burglary case. If you had permission to enter, if you were present for an innocent purpose, or if the prosecution’s circumstantial evidence of intent is thin, Rusty Shepard will identify and exploit those weaknesses.
Key Defence Strategies
- Consent — you had permission to enter the structure. Consent negates the unlawful entry element of burglary
- Lack of intent — you entered the structure without the intent to commit an offence. Intent at the time of entry must be proved; intent formed after entry does not satisfy the charge
- Mistaken identity — burglary charges frequently rely on eyewitness identification or surveillance footage. Both can be challenged
- Fourth Amendment — evidence obtained through an unlawful search or seizure can be suppressed
- Charge reduction — from first or second degree to third degree, or from burglary to trespass, where the evidence does not support the higher charge
Facing burglary charges in Panama City or Bay County? Call Shepard Law at (850) 290-2505 immediately. Available 24/7. Free consultation.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
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