Miami Burglary Defense Attorney

Experienced Miami Legal Defense Against Burglary Charges

​In Florida, burglary is defined as entering or remaining in a dwelling, structure, or conveyance owned by or in the possession of another person with the intent, at the time of entering, to commit another offense therein. Burglary also means entering a dwelling, structure, or conveyance with permission or consent and remaining therein (a) surreptitiously, with the intent to commit another offense inside; (b) after permission to remain has been withdrawn, with the intent to commit another offense inside; or (c) with the intent to commit or attempt to commit a forcible felony inside. Speak with our burglary attorneys in Miami to learn more about your specific case.

Structure is defined as any building of any kind, either temporary or permanent, that has a roof over it, together with the curtilage thereof. Conveyance means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. Dwelling means a building or conveyance of any kind, temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.

Burglary is a serious felony charge. A conviction can result in a long prison sentence and costly fines.

At Jeffrey S. Weiner, P.A., we provide effective and personalized legal solutions for all our clients who have been accused of burglary of a dwelling, structure, or conveyance. With more than 50 years of legal experience, our burglary lawyers in Miami have extensive knowledge of the Florida criminal justice system and will protect your rights and freedom throughout the legal process.

Our burglary attorneys in Miami are ready to assist you. Contact us online or call us at (305) 985-6640 to schedule an initial consultation with our team. 

Understanding Florida's Burglary Penalties

The penalties for burglary depend on the specific facts and circumstances of the case. For example, if a dangerous weapon was used during the commission of the offense, or if the accused assaulted or battered any person during the commission of the offense, the charge could be elevated to a more serious offense.

Burglary Charge And Corresponding Penalties:

• First-degree felony – punishable by imprisonment for a term of years not exceeding life imprisonment.
• Second-degree felony – punishable by up to 15 years in prison and could result in a fine of up to $10,000.
• Third-degree felony – punishable by up to 5 years in prison and could result in a fine of up to $5,000.

Potential Defenses & Strategies from Our Burglary Attorneys in Miami

Facing a burglary charge in Miami calls for a well-prepared legal strategy. At Jeffrey S. Weiner, P.A., our burglary attorneys in Miami thoroughly review the circumstances and details to find the most effective path forward. Different allegations may allow for different legal defenses. For instance, if law enforcement arrested you without probable cause or violated your constitutional rights during a search, certain evidence may not be admissible in court. Issues like mistaken identity, lack of intent, or consent to enter the property can become central to building a defense.

Courts in Miami-Dade County follow due process closely, so the manner in which authorities collected and handled evidence can affect your case. Our approach also considers factors like insufficient evidence or unlawfully obtained statements. Using our decades of experience within Miami's legal community, we help you understand your options and how local procedures and practices can influence your legal strategy.

Frequently Asked Questions

What Qualifies as Burglary Under Florida Law?

Under Florida law, burglary involves entering or remaining within a building, vehicle, or other covered structure to commit an offense inside without valid permission. This also applies if your permission to remain changes and you then intend to commit a separate offense or forcible felony.

Can I Be Charged With Burglary if I Had Permission to Enter?

You could face burglary charges if you had consent to enter but remained unlawfully to commit a crime, or intended to commit another offense after your permission ended. Authorities consider both your actions and intent at the time when evaluating potential charges.

How Do Miami-Dade Courts Typically Handle Burglary Cases?

Miami-Dade courts examine each case’s facts, such as the presence of weapons, property value, and whether someone was home. The process involves arraignment, pre-trial hearings, and potential negotiations. Knowing local rules and court procedures can inform your approach to the charges.

Contact us online and learn how our legal team can assist you with your burglary case.