5975 Sunset Dr #502
South Miami, FL 33143
Attorney on call 24/7

Burglary in Miami, FL

Burglary generally refers to situations where defendants are accused of breaking into cars or homes.  Most burglary cases are motivated by simple greed with violators seeking either money or valuable property. 

In Miami, FL, burglary is especially a serious problem.  In 2015, Miami-Dade County had 17,115 arrests for burglary according to the Florida Department of Law Enforcement.  That means that over 47 homes in Miami, FL are allegedly burglarized on a daily basis.

Burglary is a serious criminal offense in Florida that can be charged between a 3rd-degree felony and a 1st degree punishable by life felony depending on the facts and circumstances of the case.  This can result in penalties ranging from probation to life in prison.  In addition, if you are not a United States citizen, a conviction for burglary can subject you to being placed in removal proceedings from the United States.

Attorney for Burglary Crimes in North Miami, FL

Burglary is a serious crime that could potentially lead to a lengthy prison term. Having an experienced criminal defense attorney to fight for your rights in these kinds of cases is invaluable. Call attorney E.J Hubbs to learn more information about burglary and its lesser-included offenses.

E.J. Hubbs has offices in South Miami on Sunset Drive and an office in North Miami . Attorney Hubbs takes burglary cases throughout Miami-Dade County, in cities like Coral Gables, South Miami, The Crossings, Pinecrest, Dadeland, Kendall, and Palmetto Bay, Florida.

Call (305) 615-5945 now to schedule an appointment to speak one-on-one with attorney E.J Hubbs.

Elements of Burglary

Burglary is generally defined in Florida as the entering of a structure or conveyance with the intent to commit a crime other than burglary or trespass.  Therefore, in order to prove the crime of burglary the State is required to prove beyond a reasonable doubt the following:

  1. the defendant entered a structure or conveyance owned by or in the possession of the victim;
  2. at the time of entering, the defendant had the intent to commit a crime other than burglary or trespass;
  3. If the defendant alleges that he or she had permission to enter or that the structure or conveyance was open to the public, then the State must prove
    1. that by showing the defendant was not licensed or invited to enter the structure or conveyance; or
    2. that it was not open to the public at the time of entering.

The State can also prove a burglary if the defendant had permission to enter a structure or conveyance by proving beyond a reasonable doubt that

  1. the defendant had permission to enter the structure or conveyance owned by the victim; and
  2. the defendant, after entering the structure or conveyance, remained therein;
    1. a) surreptitiously and with intent to commit a crime other than burglary or trespass inside the structure or conveyance, or
    2. b) after permission to remain had been withdrawn and remained with the intent to commit a crime other than burglary or trespass inside the structure or conveyance, or
    3. c) with the intent to commit or attempt to commit a forcible felony inside the structure or conveyance.

Penalties for Burglary

Burglary is a serious criminal offense in Florida that can be charged between a 3rd-degree and a 1st-degree felony, punishable by life felony depending on the facts and circumstances of the case. In addition, if you are not a United States citizen, a conviction for burglary can subject you to being placed in removal proceedings from the United States.

The maximum penalty for burglary depends on the charge involved.  Here is a list of some of the possible burglary offenses below:

  1. Burglary of an Unoccupied Conveyance – 3rd Degree Felony, maximum penalty of 5 years in prison and $5,000 fine
  2. Burglary of an Occupied Conveyance - 2nd Degree Felony, maximum penalty of 15 years in prison and a $10,000 fine.
  3. Burglary of an Unoccupied Dwelling – 2nd Degree Felony, maximum penalty of 15 years in prison and a $10,000 fine.
  4. Burglary of an Occupied Dwelling - 2nd Degree Felony, maximum penalty of 15 years in prison and a $10,000 fine.
  5. Burglary with Assault or Battery – 1st Degree PBL Felony, maximum penalty of life in prison and a $10,000 fine.

Firearm enhancements also apply to all of these charges.  Under 10-20 life, if a Defendant is in actual possession of a firearm during the course of the Burglary he will be subject to a minimum mandatory sentence of ten (10) years.  If a firearm is discharged during the course of the Burglary he will be subject to a minimum mandatory sentence of 20 years.  If a firearm is discharged and causes death or great bodily harm during the course of the Burglary he will be subject to a minimum mandatory sentence of 25 years. 

Defenses to Burglary

Identification – Identification is always an issue in criminal cases.  Identification means that a witness has to identify you in court as the person that committed the crime or the State must prove that you were the one that committed the crime through circumstantial evidence (fingerprints, DNA, etc.).  Many burglary cases involve scenarios where there are no eyewitnesses or the witness cannot make an identification.  In addition, forensic testing involving fingerprints or DNA evidence won’t necessarily prove you were the one that committed the burglary since the evidence cannot prove on what day and time you would be in the house or vehicle.

Permission – Burglary generally requires the State to prove that you entered the structure or dwelling without permission.  If you entered the dwelling or structure with permission, you may be found not guilty of burglary.  Permission can be direct as when you are verbally allowed inside.  Permission can also be implied as when you have previously been allowed in without asking or you have a key.

Lack of Intent to Commit a Crime – Burglary requires the State to prove that you intended to commit a crime (other than burglary or trespass) within the structure.  If your intent when you entered the property was anything other than committing a crime, you are not guilty of burglary.

Lack of Evidence that the Structure is a Conveyance/Dwelling – A dwelling is defined as a “building of any kind, whether such building is 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 enclosed space of ground and outbuildings immediately surrounding it.” Not all dwellings meet this definition.  Picture an abandoned home with a damaged roof, no furniture, that has not been occupied for years.  You may be able to argue that the structure does not qualify as a dwelling.

Additional Resources

Miami-Dade County Case Search - find information on your case including court location, the assigned judge, the assigned prosecutor, case history, and upcoming court dates.

Florida Department of Corrections Search - find information on an individual’s prior felony criminal record in the State of Florida, prison location, and expected release date.

Miami-Dade County State Attorney’s Office - find information on the State Attorney’s Office who is in charge of prosecuting all state criminal charges in Miami, FL.

Miami-Dade Police Department - find information on the Miami-Dade Police Department who is in charge of investigating all state criminal charges in Dade County, FL.

Miami Police Department - find information on the Miami-Dade Police Department who is in charge of investigating all state criminal charges in Miami, FL

Find an Attorney for Burglary in Miami, FL

If you were arrested for any type of Burglary charge in Miami or Dade County, contact Hubbs Law.  Our experienced criminal defense attorney, E.J. Hubbs will sit down with you and discuss your case and any defenses you may have under Florida law.

E.J. Hubbs is board certified in criminal trial law meaning he is one of a limited amount of attorneys in Miami, FL who can refer to themselves as “experts in criminal trial law”.  In fact, less than 1% of attorneys are board certified in criminal trial lawyer in the state of Florida.

E.J. Hubbs aggressively defends every criminal charge including burglary charges.  In almost every case, he will pursue all discovery, conduct depositions, file motions when applicable, and zealously prepare the case for trial.    

E.J. Hubbs defends clients charged with all types of fraud in Miami and throughout Miami-Dade County, including Miami Gardens, Hialeah, Miami Beach, North and South Miami, Kendall, Homestead, and anywhere else in the area.

Call Hubbs Law today at (305) 615-5945 to set up your free consultation today.

Ask for a Free Case Review

All fields are required.

Visit Our Office

office
5975 Sunset Dr #502
South Miami, FL 33143
Map It

Read Our Blog

blog buttonRead Our Recent Blog Posts

What Happens If I was Arrested and The Officer Never Read Miranda

What Happens If I was Arrested and The Officer Never Read Miranda

Law enforcement officers are required to read an individual his or her Miranda Rights before placing the individual under arrest or placing them in custodial interrogation; however, many Floridians' rights are violated and they are never read Miranda. Learn more about what happens if the officer does not read Miranda[...]

Read more

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Pre-trial diversion and pre-trial intervention programs are potential ways to avoid a criminal conviction; however, accepting pre-trial intervention or pre-trial diversion can have detrimental implications for non U.S. citizens. [...]

Read more

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

In a 4-4 decision the United States Supreme Court affirmed the lower court ruling blocking deferred action immigration reform that would grant lawful status and work authorization to more than 4 million undocumented persons in the U.S. [...]

Read more