Miami Burglary Lawyer

Burglary Defense Lawyer in Miami: Protecting Your Rights

Facing a burglary charge in Florida is a serious matter with potentially life-altering consequences. Our law firm is dedicated to defending clients in Miami, Broward, and Palm Beach against these charges, utilizing deep legal knowledge and a robust defense strategy. Here, we delve into the complexities of burglary laws, potential penalties, and the defenses that could significantly impact the outcome of your case.

Understanding Burglary in Florida

In Florida, burglary is legally defined under Section 810.02, Florida Statutes. This law describes various scenarios in which entering or remaining in a building, structure, or vehicle can lead to serious criminal charges if done with the intent to commit an offense therein.

Key Aspects of Burglary Charges

• Formation of Intent: Intent is crucial in burglary charges and must be formed at the time of entry or while remaining unlawfully within the property.
• Full Entry Not Required: The crime is complete if any part of the body or an instrument enters the property with criminal intent.
• Inference of Criminal Intent: Stealthy entry allows a jury to infer criminal intent, shifting the burden to the defense to disprove it.

Potential Penalties for Burglary

Burglary penalties in Florida vary greatly:

• First Degree Felony: Life imprisonment for burglaries involving assault, battery, or armed with dangerous weapons.
• Second Degree Felony: Up to 15 years for burglary of an occupied dwelling without violence.
• Third Degree Felony: Up to 5 years for unoccupied property burglaries.

Defenses to Burglary

A robust defense is critical in burglary cases. Potential defenses include:

• Consent: Entry with the owner’s permission negates unlawful intent.
• Lack of Intent to Commit a Crime: If entering without intent to commit a further crime, the charge may not stand.
• Mistaken Identity: Proving that the accused was not present at the crime scene.
• Implied Invitation: Accessibility to a property, like a business open to the public, may imply consent.
• Lack of Evidence: Disproving the presence or actions of the accused at the scene.

Importance of a Burglary Defense Lawyer

The complexities of burglary charges make it imperative to seek skilled legal counsel. A knowledgeable burglary defense attorney is essential for navigating the intricacies of the law, effectively challenging the prosecution’s assertions, and aiming to reduce or dismiss the charges. An experienced burglary lawyer can provide a strategic defense, analyze evidence, and negotiate with prosecutors to achieve the best possible outcome. By enlisting the services of a specialized burglary attorney, you ensure that your case is handled with expertise and that your rights are vigorously protected throughout the legal process.

Frequently Asked Questions

What is the difference between burglary and trespass?

Burglary involves unlawfully entering a property with the intent to commit an offense, such as theft or another crime, whereas trespass simply involves unauthorized entry without such intent. The intent behind the entry distinguishes burglary from trespass, making it crucial to understand these differences when facing charges.

Can I be charged with burglary if I did not steal anything?

Yes, you can be charged with burglary even if you did not steal anything. Burglary charges hinge on unlawful entry with the intent to commit any offense, not just theft. This means that if you entered a property with the intent to commit a crime, such as vandalism or another illegal act, you could still face burglary charges.

What should I do if I am accused of burglary?

If you are accused of burglary, it is crucial to contact a burglary attorney immediately. Do not speak to the police or make any statements without legal representation. A skilled burglary defense lawyer will guide you through the legal process, protect your rights, and work to build a strong defense against the charges.

Contact Us Today

If you or someone you know is facing burglary charges in Miami, Broward, or Palm Beach, contact our experienced burglary defense lawyers today for a comprehensive legal evaluation. Protect your rights and work towards the best possible resolution of your case with our dedicated legal support.