criminal defense attorney explains how Tom Brady Trespassed in Florida

TOM BRADY MAY HAVE COMMITTED A BURGLARY OR TRESPASS IN FLORIDA

 

Tom Brady thought he was visiting his new offensive coordinator, Byron Leftwich, to pick up his new playbook with the Tampa Bay Buccaneers.  Brady walked up to the house and opened the unlocked door to walk in - in attempts to practice social distancing in the wake of COVID-19.

The homeowner hears rustling at his door - and guess what? The owner wasn’t Leftwich. 

David Kramer was sitting in his kitchen when the 6-time NFL champion, Brady, walked in. When he saw Kramer, Brady immediately apologized and left, realizing he accidentally entered the wrong home.   

As a Criminal Defense Attorney in Florida, I’ve been getting questions about whether Tom Brady committed the crimes of Burglary or Trespass.

 

DID TOM BRADY COMMIT A BURGLARY IN FLORIDA?

After carefully looking at the evidence of the situation, the short answer is no.  I don’t believe Tom Brady committed a burglary when he accidentally entered the wrong home.

But let’s break it down and examine exactly what the law says about Burglary.

In Florida, Burglary of a Dwelling is defined as the unlawful entering into a dwelling owned by another person with the intent to commit a crime other than trespass.  This is defined in Florida Statute 810.02.

 

HOW DOES THE PROSECUTOR PROVE INTENT FOR A BURGLARY?

If Brady had caused physical damage to the dwelling when he entered, that would have been a very common way to prove he had the intent to commit a Burglary. 

Another way would be by stealth entry.  If Brady was caught sneaking around - either outside or inside the property - that could be used as evidence to prove Brady’s intent to commit a Burglary.

The final way to prove Brady committed a burglary is by getting him to admit that he intended to burglarize the home or dwelling. 

 

DID TOM BRADY HAVE THE INTENT TO COMMIT A CRIME INSIDE THE HOUSE?

When the evidence is considered, it’s clear this occurrence was a simple mistake.  Brady did not use physical force or a stealth entry when he entered the home. 

Given there was no evidence of an intent to commit a crime, Tom Brady is innocent of the crime of Burglary.

 

HARSH PENALTIES FOR BURGLARY OF A DWELLING IN FLORIDA

It’s a good thing Tom Brady didn’t commit a burglary - because there are very harsh penalties for that crime.

Burglary of a Dwelling is a second-degree felony which has a maximum prison sentence of 15 years.  According to the Florida Criminal Punishment Code Scoresheet, the minimum sentence for Burglary of a Dwelling is 21 months in prison.  

 

DID TOM BRADY COMMIT A TRESPASS IN FLORIDA?

Next, we look to see if Tom Brady committed the crime of Trespass.  After reviewing the facts, it appears Tom Brady did commit the crime of Trespass.

 

In order to commit the crime of Trespass in Florida, the prosecutors must satisfy the following legal elements:

  1. The Defendant willfully entered the house  of the victim.  
  2. The house  was owned by the victim
  3. Tom Brady’s entering of the  house was without the authorization, license or invitation to enter. 
 

IS TOM BRADY LIKELY TO BE CHARGED WITH TRESPASS?

It is highly unlikely Tom Brady will be charged with Trespass because the victim knew it was a good faith, honest mistake made by Brady.  The police weren’t even called and there was no criminal investigation.  

 

PENALTIES FOR TRESPASS IN FLORIDA

Trespass of a Structure is a second-degree misdemeanor with a maximum punishment of 60 days in jail or 6 months probation. 

After carefully examining the facts of the case and the applicable law, it is highly unlikely Tom Brady will be arrested or charged with Burglary or Trespass for his honest mistake of walking into the wrong home.  

 

QUESTIONS?

If you have any questions regarding a criminal or DUI case in Florida, we offer free strategy sessions where we give a detailed analysis of your case.

 

Call our Fort Lauderdale office at: (754) 206-6200 

 
Attorney Adam Rossen
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South Florida Criminal & DUI Defense Attorney
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