Miami Burglary Lawyer

If you or a loved one has been arrested or charged with burglary in Miami, it is critical to consult with an experienced Miami burglary lawyer as soon as possible to ensure your rights are protected. In Florida, burglary is a serious crime that can carry significant jail time if you are convicted and leave you with a lasting criminal record. You need an experienced Miami criminal defense lawyer to assess the evidence and help you choose the best way to defend your case.

What is Burglary under Florida Law?

Florida Statute 810.02 generally defines burglary as entering a dwelling, structure, or conveyance with intent to commit an offense inside, unless the premises are open to the public or the person is licensed or invited to enter. Even after a lawful entry, remaining can constitute burglary if the person stays secretly with criminal intent, stays with criminal intent after permission is withdrawn, or remains to commit or attempt a forcible felony.

In Florida, there are three kinds of burglary:

  • Burglary of a dwelling: This occurs when you enter or remain in a dwelling (such as a house or apartment) with the intent to commit an offense inside.
  • Burglary of a structure: This type occurs when you enter or remain in a structure (such as a building or shed) with the intent to commit an offense inside.
  • Burglary of a conveyance: This type occurs when you enter or remain in a conveyance (such as a car, truck, or boat) intending to commit an offense inside.

A burglary charge may involve an alleged intent to commit theft or another crime inside the property. Burglary does not require a completed theft. Robbery involves taking money or property from another person through force, violence, assault, or putting the person in fear.

If investigators allege that property taken during a burglary was later sold or pawned, the case may also involve dealing in stolen property. That charge requires proof of trafficking or attempted trafficking and that the accused knew or should have known the property was stolen.

Florida Burglary Penalties

Under Florida law, burglary is a first-degree felony, upon conviction punishable by up to life imprisonment and a $10,000 fine, if, in the course of committing the offense, the offender:

  • Makes an assault or battery upon any person: An assault can involve an unlawful threat that creates a well-founded fear of imminent violence; physical contact or injury is not required.
  • Is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon: If you commit burglary and are armed with explosives or a dangerous weapon while inside the dwelling, structure (armed burglary), or conveyance, you may be charged with a first-degree felony.
  • Enters an occupied or unoccupied dwelling or structure, and:
  1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure: If you commit a burglary and use a motor vehicle in a way that helps you commit the offense and causes damage to the dwelling or structure, you may be charged with a first-degree felony; or
  2. Causes damage to the dwelling or structure, or property within the dwelling or structure over $1,000: If you commit a burglary and cause damage to the dwelling or structure, or property inside the dwelling or structure, in an amount greater than $1,000, you may be charged with a first-degree felony.

When an alleged burglary involves damaged doors, windows, or other property, the evidence may also raise issues involving criminal mischief. We review the alleged conduct and proof of damage under the requirements of each offense.

A burglary otherwise classified as a second-degree felony becomes a first-degree felony, generally punishable by up to 30 years in prison, when qualifying riot or declared-emergency conditions facilitate the offense.

“Conditions arising from the riot” refer to civil unrest, power outages, curfews, or reductions in the presence or response time of first responders or homeland security personnel resulting from the riot. “Conditions arising from the emergency” refer to similar circumstances that result from a state of emergency declared by the Governor. These conditions can facilitate burglary by, for example, creating distractions or disruptions that make it easier for a burglar to gain access to a dwelling, structure, or conveyance.

It is important to note that this enhanced penalty for burglary during a riot or state of emergency applies only if the burglary is facilitated by conditions arising from the riot or emergency. Simply committing a burglary during a riot or state of emergency does not automatically result in a first-degree felony charge.

Unless circumstances make the burglary a more serious offense, burglary is a second-degree felony, punishable by a maximum penalty of 15 years in prison and a $10,000 fine, if, in the course of committing the offense, the offender:

  • Enters or remains in an occupied or unoccupied dwelling: If you commit burglary and enter or remain in a dwelling, you may be charged with a second-degree felony, regardless of whether the dwelling is occupied.
  • Enters or remains in a structure, and there is another person in the structure at the time: If you commit a burglary and enter or remain in a structure while someone else is inside (occupied burglary), you may be charged with a second-degree felony.
  • Enters or remains in a conveyance and there is another person in the conveyance at the time: If you commit a burglary and enter or remain in a conveyance (such as a car, truck, or boat) while someone else is inside, you may be charged with a second-degree felony.
  • Enters or remains in an authorized emergency vehicle: If you commit a burglary and enter or remain in an authorized emergency vehicle (such as an ambulance or fire truck), you may be charged with a second-degree felony.
  • Enters or remains in a structure or conveyance when the offense intended to be committed therein is theft of a controlled substance: If you commit burglary and enter or remain in a structure or conveyance with the intent to steal a controlled substance (such as drugs), you may be charged with a second-degree felony.

Unless circumstances make the offense more serious, burglary of an unoccupied structure or conveyance is a third-degree felony, generally punishable by up to five years in prison and a $5,000 fine. If, however, a burglary is committed during a riot or an aggravated riot or within a county that is subject to a state of emergency declared by the Governor, and the perpetration of the burglary is facilitated by conditions arising from the riot or emergency, the burglary is a second-degree felony.

Florida Burglary Defenses

There are several legal defenses that a criminal defense attorney may use to defend you against a burglary charge. Some of the possible defenses to burglary include:

  • Lack of intent: To be convicted of burglary, the prosecutor must be able to prove that you had the intent to commit a crime while inside the dwelling, structure, or conveyance. If you did not have this intent, you might have a defense to the charge. Depending on the facts, an unlawful entry may support a trespass charge even when the State cannot prove the intent required for burglary.
  • Lack of evidence: To be convicted of burglary, the prosecutor must present sufficient evidence to prove your guilt beyond a reasonable doubt. If the prosecutor does not have enough evidence to meet this burden, you may have a defense to the charge.
  • Mistaken identity: You may be wrongly accused of burglary, either due to a mistake or because you are being falsely accused. If you can provide an alibi or other evidence that shows you were not at the crime scene when it was committed, this may be a defense to the charge.
  • Consent: Permission to enter may defeat an unlawful-entry allegation. However, a lawful entry does not rule out a remaining-in burglary under the circumstances described above.

Our criminal lawyers have extensive experience defending burglary cases and can help you explore the best defense strategy during your initial consultation.

Our case results include burglary charges that were dismissed and a burglary prosecution in which the jury returned a verdict on the lesser offense of misdemeanor trespass.

Contact an Experienced Miami Burglary Attorney

If you have been arrested or charged with burglary, you need to hire an experienced Miami burglary attorney who can provide you with the best possible defense and representation in court. Our law firm’s criminal defense lawyers have a thorough understanding of the criminal justice system and significant trial experience. They will be able to help you navigate the complex processes involved in a criminal case. We can help you understand the charges against you, the potential consequences, and the available defenses. We can also help you negotiate with the prosecutor and potentially have the charges against you reduced or dismissed. We will advise you on the best course of action to take and aggressively represent you in court to protect your rights. You must speak with an experienced burglary lawyer as soon as possible to ensure you receive the best aggressive representation.

By immediately hiring an experienced Miami burglary attorney to defend yourself against your criminal charge, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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