If you’re Tom Brady, is it still considered a burglary or trespass in Florida?

750+ Reviews On
If you’re Tom Brady, is it still considered 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.



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.



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. 



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.



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.  



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 Florida.


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. 



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.  



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.  



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.


Give us a call today to schedule a free consultation:

Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Google Reviews
kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
Types Of Cases We Handle

Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

See All Practice Areas
Get Your Free Download Instantly
Our monthly newsletter keeps you up to date on the latest legal and community news
Sign Up to Receive Our Monthly Newsletter
View Details
Free Booklet: 7 key rules you need to know to survive a Florida DUI as told by a South Florida DUI Attorney
Arrested for a DUI in South Florida? Our DUI Defense Lawyers put together a FREE Florida DUI survival guide to help you know and fight for your rights & future
View Details
Free Domestic Violence Booklet reveals how what happens in the heat of the moment can have terrible legal consequences for you & your loved ones…
Getting arrested for domestic violence charges in South Florida is scary. Free booklet written by an attorney reveals how to protect yourself & your family.
View Details
What To Do If You or a Loved One Is Arrested in Florida: Free Digital Arrest Survival Guide Booklet
Free booklet helps you know What To Do If You or a Loved One Is Arrested in Florida. A criminal defense attorney walks you through the Florida arrest process
View Details
Get Help Now
Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.