Burglary Lawyers in Miami, FL
If you or someone you know has been charged with burglary in Miami, FL, your first step should be contacting an experienced us at Smith & Eulo: Criminal Defense Lawyers. Being charged with a crime like burglary can be a terrifying experience, and knowing your rights, your charges, and your potential defense is important. Luckily, Smith & Eulo’s experienced criminal defense lawyers have over 20 years of experience working burglary defense cases in Florida.
A burglary charge is a serious offense and working with a seasoned legal team is the best way to ensure your defense and freedom. Contact our offices in Miami, FL for a free consultation right away.
Burglary Laws in Florida
According to Florida statute §810.02, Burglary is considered the entering of a residence such as a dwelling, another structure, or vehicle with the intent to commit a criminal offense. A dwelling is considered an inhabited residence while another structure or vehicle refers to an office building, publicly owned property or something similar.
It’s important to note that a burglary charge is considered a felony, and the intent to commit a criminal offense must be proven in order for the charge to count. If intent cannot be proven, a misdemeanor charge of trespassing is typically filed. Similarly, if the person is invited in or the property is publicly accessible, it isn’t burglary unless the person was asked to leave and refused to do so.
Three Types of Burglary Felonies
First Degree Burglary Felony or Burglary with Assault/Battery or Armed Burglary
For a first-degree burglary to take place, the person must enter the residence or property and also do the following:
- Commit assault or battery against another person
- Is armed while inside the property or structure
- Causes damage of over $1,000 in value
Punishment for a first-degree burglary felony in Florida is punishable by up to 30 years in Florida state prison. Armed burglary carries a minimum mandatory prison sentence of 10-20 years. Burglary with assault/battery is a non-bondable offense.
Second Degree Burglary Felony or Burglary of a Dwelling
The accused must enter the property, but for a second-degree felony to count, they must not do the following:
- Must not commit assault or battery against another
- Become armed while inside the residence
Burglary of a dwelling is punishable by up to 15 years in a state prison. Sometimes, this charge carries additional charges of theft or grand theft which carry additional punishments.
Third Degree Burglary Felony or Burglary of a Structure/Conveyance
For a third-degree burglary felony, the accused must enter the residence while there is not another person inside, and:
- Does not commit assault or battery
- Does become armed while inside
A third-degree burglary felony carries a sentence of up to 5 years in Florida prison.
Difference Between Theft and Burglary in Florida
The crimes of burglary and theft are different and carry different punishments in Florida. It comes down to a difference of intent. Theft is considered depriving another of their property, while burglary always involves entering a property without permission and intent of committing a crime. Theft can also take place anywhere.
Is It Burglary if I Never Entered the House?
The technicalities involved in crimes of theft and burglary can be confusing, and a proper attorney should be contacted to help those involved understand. You can be charged with burglary even if you never technically entered someone’s home. Burglary can also consist of entering an enclosed piece of property without consent and intent to commit a crime. There are situations where charges can be reduced to theft or trespassing.
Contact a Burglary Lawyer in Miami, Florida
When facing criminal charges like burglary, it is very important to contact a criminal defense attorney that specializes in burglary. Contact our experienced burglary lawyers in Miami, FL for a free consultation today.
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