Miami Burglary Attorney

Lawyer for Charges of Burglary or Breaking and Entering in Miami, Florida

Accusations of burglary can lead to prosecution in Florida's criminal justice system. The act of entering someone else's property with criminal intent, even without committing theft or another crime, can result in felony charges. Because burglary involves violations of private spaces where people should feel safe, prosecutors will often treat defendants harshly and fight to achieve convictions in these cases. The penalties can increase dramatically based on factors like whether a building was occupied, whether a person possessed a weapon, and whether violence occurred during the offense.

Legal representation is crucial in cases involving charges of burglary. At Stroleny Law: Criminal Defense Attorney, we can provide the defense needed to resolve these cases successfully. Our lawyer understands the technical elements that distinguish burglary from other offenses, and he can identify weaknesses in the prosecution's case. Burglary cases may involve circumstantial evidence, disputed facts about permission to enter, or situations where a person never intended to commit a crime. He will work to prevent a burglary conviction or reduce the potential penalties that may apply in these cases.

Florida's Burglary Laws

Burglary is addressed in Florida Statutes § 810.02, and it generally involves entering or remaining in a building or vehicle with the intent to commit a criminal offense. Unauthorized entry to a property with criminal intent can lead to charges of burglary, regardless of whether theft or another crime actually occurred.

Buildings where burglary may occur include any structure with a roof, including houses, apartments, businesses, or storage units. Vehicles where burglary may occur may include motor vehicles, ships, aircraft, or railroad cars. The element of intent is a crucial factor in burglary cases. Prosecutors must establish that a defendant intended to commit a crime when they entered or remained in a building or vehicle.

If burglary was allegedly committed in an unoccupied building or vehicle, a person may be charged with a third-degree felony. When a building or vehicle was occupied, or when burglary was allegedly committed with the intent to steal a controlled substance, a person may face second-degree felony charges. If a person is accused of burglary involving assault or battery, if they were allegedly armed with a dangerous weapon, or if they allegedly caused damage to a building that resulted in losses of at least $1,000, they could be charged with a first-degree felony.

Circumstances That Could Lead to Burglary Charges

Accusations of home invasions in which someone allegedly entered an occupied residence will often lead to the most serious burglary charges. Whether using forced entry or entering through an unlocked door, the invasion into someone's home is considered to be a serious offense. In cases where a person was allegedly armed with a firearm or other weapon, or if they allegedly took actions to harm the occupants of a residence, they could face a potential life sentence.

Breaking into vehicles parked on streets, in driveways, or in parking lots may be considered burglary. People who are accused of smashing windows to take items from cars or entering unlocked vehicles to steal property may face burglary charges.

Commercial burglary may involve breaking into a building after business hours with the intent to steal cash, merchandise, or equipment. These offenses may take place in retail stores, warehouses, restaurants, or offices. Burglary charges may also apply if a person allegedly remained in a building without authorization after it closed with the intent of committing theft or another crime.

Consequences of Burglary Convictions

Prison sentences for burglary convictions can be lengthy. A third-degree felony conviction may lead to a sentence lasting for up to five years, while a second-degree felony may carry a potential sentence of 15 years. In burglary cases charged as first-degree felonies, a person could be sentenced to life in prison. When burglary in an occupied dwelling involves assault, battery, or injuries, or when a person was allegedly carrying a gun or another weapon, courts will be more likely to impose long sentences that may last for decades.

In addition to criminal penalties, people convicted of burglary may also face civil lawsuits by the alleged victims. These lawsuits may seek damages for emotional distress, property damage, and other losses suffered during an alleged burglary. A burglary conviction can be used to hold a person liable in civil court.

Defending Against Burglary Accusations

Our attorney can provide a defense against burglary charges by arguing that a person did not have the intent to commit a crime. He may show that a defendant entered property for innocent reasons or did not intend to steal anything or commit any other offense.

Establishing that a person had permission to be in a building can serve as a defense against burglary charges. A family member may have had keys to a relative's home, an employee may have had access to a business, a guest may have been invited onto a property, or a person may have had a reasonable belief that they had permission to enter a building. Our lawyer can gather evidence of relationships, communications allowing access, and prior patterns of entry to show that a person believed they had authorization to be in a certain location.

Evidence of actual entry rather than merely attempting or preparing to enter a building is required to convict a person of burglary. Our lawyer may take steps to prove that a defendant never entered a building but only approached or attempted entry. Security camera footage may show that a person did not actually go inside even if they approached a building's doors or windows. This may result in reduced charges or the dismissal of a case.

Prosecutors may be unable to prove that a defendant was the person who committed burglary. A case may rely on witnesses who saw a suspect briefly, in poor lighting, or from a distance. Security camera footage may be blurry, making it difficult to identify a person. DNA evidence, fingerprints, or other forensic evidence may be absent or inconclusive. Our attorney can take steps to show that burglary charges were based on a misidentification or mistaken identity.

Our Approach to Defending Against Burglary Charges

Our attorney can perform a detailed investigation into the circumstances surrounding burglary charges. He may visit the alleged crime scene to review physical evidence, lighting conditions, and other factors. He can also interview witnesses and uncover facts showing that there was an innocent explanation for a person's presence in a building or that they had permission to enter. He can locate alibi witnesses, people who granted access, or others who may provide relevant information about a case.

By reviewing surveillance footage and other digital evidence, our lawyer can contradict the claims made by prosecutors or show that a person was not present at the time of an alleged offense. He can obtain cell phone records, GPS data, and other electronic evidence that may be used to show a person's location when the burglary allegedly occurred.

Our lawyer will also review police reports to look for inconsistencies, examine forensic evidence to determine whether it is reliable, and identify gaps in the prosecution's narrative of events. He can challenge assumptions and demonstrate reasonable doubt about whether an offense occurred or whether a person intended to commit a crime after entering a building or vehicle.

If necessary, our attorney can negotiate with prosecutors and present mitigating circumstances. He will work to reduce charges to less serious offenses and help a person avoid serious penalties. Resolving a case through a plea bargain may help to avoid a felony conviction while preserving opportunities for sealing or expungement. However, our lawyer will prepare to defend a client during a trial and fight for an acquittal when necessary.

Contact Our Miami, FL Burglary Lawyer

If you are facing burglary charges, you could be looking at a potential life sentence or other serious penalties. At Stroleny Law: Criminal Defense Attorney, we understand the strategies that may be used to defend against burglary allegations. We can provide the representation you need to address these accusations and prevent a conviction. Contact our Miami burglary defense attorney at 305-615-1285 to arrange a free consultation.