Photo

Miami Burglary Attorney - Florida Burglary Defense Lawyer

Burglary is a serious felony and deserves a dedicated Miami burglary attorney to defend these charges. Florida statute 810.02 defines a burglary as the "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." Burglaries in Florida are classified as either a third degree, second degree or first degree. There are three types of burglary crimes in Florida:

  1. Burglary of a Dwelling (Home)
  2. Burglary of a Conveyance (Vehicle)
  3. Burglary of a Structure (Building/Office/Warehouse)

Burglary of a Dwelling

This is your typical home burglary. Florida law defines a dwelling as any building that people use as a home, lodging or as a shelter. The dwelling includes the porch of the home and any buildings that may be attached to it, such as a garage. A dwelling can include a mobile home, RV, or tent. Burglary of a dwelling is a second degree felony punishable by up to fifteen (15) years in state prison.

Burglary of a Conveyance

Florida law defines a conveyance as any “motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.” Burglary of a conveyance is a third degree felony punishable by up to five (5) years in state prison. However, if there is another person in the conveyance at the time of the burglary, the crime is enhanced to a second degree felony punishable by up to fifteen (15) years in state prison.

Burglary of a Structure

Florida law defines a structure as any building that has a roof, including the buildings attached to it such as a garage. Burglary of a structure is a third degree felony punishable by up to five (5) years in state prison. However, the crime is enhanced to a second degree felony punishable by up to fifteen (15) years in state prison if there is another person inside the structure during the burglary.

Armed Burglary & Burglary with an Assault or Battery

Carrying a deadly weapon, explosives or committing an assault or battery during a burglary to a dwelling, structure or conveyance is a first degree felony punishable by up to LIFE in state prison. These are the most serious burglary charges because they carry the stiffest penalty-life in prison.

Additionally, a person accused of this crime is going to be held without a bond and a special hearing, called an Arthur Hearing must be scheduled in order to present evidence that the person deserves a bond.

Burglary crimes also fall under the 10-20-LIFE law if a firearm is used and a mandatory minimum sentence would apply:

  1. If a firearm is used during the burglary a minimum of ten (10) years in state prison.
  2. If a firearm is discharged during the burglary but does not strike another person a minimum of twenty (20) years in state prison.
  3. If a firearm is discharged and injures or kills another person a minimum of twenty five (25) to LIFE in state prison applies.

However if the burglary is to a conveyance and the firearm is used but not discharged, a minimum of three (3) years in state prison applies. Please read our 10-20-LIFE page for more information about the 10-20-LIFE statute.

Get a Miami Burglary Defense Attorney on Your Side

Miami burglary defense attorney Antonio G. Jimenez is a former prosecutor with extensive experience in both prosecuting and defending individuals charged with burglary crimes in Miami and throughout Florida. Miami criminal lawyer Antonio G. Jimenez will investigate your case to find all the weaknesses in the prosecutor’s case and exploit those weaknesses, which will result in the case being thrown out or getting the best resolution possible.

Call Miami burglary defense lawyer Antonio G. Jimenez directly at 786-525-7671 for a free consultation to discuss your case.