Burglary crimes in Miami are a serious felony and deserves a dedicated 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 felonies and can be either a third degree, second degree or first degree. There are three types of burglary crimes in Florida:
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.
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.
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.
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:
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 the 10-20-LIFE page for more information about the 10-20-LIFE statute.
Antonio Jimenez is a former prosecutor with extensive experience in both prosecuting and defending individuals charged with burglary crimes in Miami. He will investigate your case to find all the weaknesses in the prosecutor’s case and exploit those weaknesses, which can result in getting the best resolution possible. Contact him today for a free phone consultation to discuss your case.