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

Burglary Charges in Miami

In Florida, trespass and burglary have similar elements, but trespass is a lesser-included offense of burglary. Burglary is the more serious offense. Burglary involves unauthorized entry into a structure with the intent to commit a crime, such as theft, inside. In Miami, burglary may be charged as a first or third-degree felony, depending on the circumstances.

In Florida, the crime of burglary can be charged as a first or third-degree felony, depending on the circumstances.

Burglary is a criminal offense that is frequently prosecuted in Miami-Dade County. For instance, in 2012, the Burglary Unit of the Miami Police Department received 4,014 burglary cases. A total of 435 subjects were charged with burglary after MPD investigations. Additionally, detectives with the Miami Police Department made 112 arrests for theft or vandalism.

The Pawn Shop Detail of the Miami Police Department received 98,922 transactions and inspected 14 pawn shops and secondhand dealers, resulting in four violations for which owners were cited for missing serial numbers, license not visible, items missing from the vault, and record-keeping violations. In 2012, for instance, the MPD Pawn Shop Detail also recovered 95 stolen items, arrested 18 subjects for dealing in stolen property and checked 1,043 guns.


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 on 123rd Street. 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 in Florida

Under Florida law, the crime of burglary is penalized based on the circumstances under which it was committed. Burglary is defined under Florida Statute § 810.02 to include the following elements:

  1. the defendant surreptitiously entered or remained in a structure;
  2. the defendant was not licensed or invited to enter the structure or dwelling, nor were the premises open to the public at the time of entering; and
  3. at the time the defendant entered he or she had the intent to commit a crime.

The intended crime cannot be trespass or burglary. 


Third-Degree Burglary in Florida

Burglary of an unoccupied structure or conveyance, done without committing assault or battery is charged as a third-degree felony.

Also, under Fla. Stat. § 810.06 a person in possession of any tool, machine, or implement with the intent to use them to commit a burglary or trespass is guilty of a third-degree felony.

Third-degree felonies are punishable by up to five (5) years in prison and up to $5,000 fines.

Second-Degree Burglary in Florida

Burglary is charged as a second-degree felony when the offender commits burglary of a dwelling, when the burglary is of an occupied structure or conveyance, or when the burglary is of an authorized emergency vehicle.

Second-degree felonies are punishable by up to fifteen (15) years in prison and up to $10,000 fines.

First-Degree Burglary in Florida

Burglary is a first-degree felony if, in the course of the burglary, the offender commits any of the following:

First-degree felony burglary is punishable by up to thirty (30) years in prison and up to $10,000 fines.


Lesser-included Offenses of Burglary

Florida law provides for multiple lesser-included offenses to burglary.

According to the Florida Jury Instructions, when the compound offense of burglary with an assault or burglary with a battery is charged, and the jury convicts on the lesser-included offense of trespass, then the jury may also consider a second conviction on the lesser-included offenses of assault or battery, depending on the crime charged. The Standard Jury Instruction for burglary in Florida was last amended in 2015.


Useful Definitions for Burglary Offenses

The Florida burglary statute uses words that have a different meaning from everyday usage and other terms of art. It is useful to remember these definitions.

"Conveyance" is defined as any motor vehicle, vessel, ship, trailer, railroad car, sleeping car or aircraft; and to enter a conveyance also includes taking apart any portion of the conveyance.

"Structure" is defined as any kind of building either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding the structure.

"Dwelling" is defined as a building [or conveyance] of any kind, whether such building [or conveyance] 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.

"Curtilage" Black's Law Dictionary defines cartilage as the land or yard adjoining a house, usually within an enclosure.


Additional Resources

Florida Statute § 810.02 - Visit Online Sunshine, the official website of the Florida Legislature to find the full statutory language of the burglary statute. Chapter 810 also includes trespass and lists the lesser-included offense of criminal mischief.


Finding an Attorney for Burglary in Miami-Dade County, Florida

If you have been charged with burglary or any of its lesser-included offenses such as battery, assault, or trespass, you will need a criminal defense attorney who is well versed in burglary offenses. Call a criminal defense lawyer who will fight for your rights.

Call attorney E.J. Hubbs for more information about how to best defend burglary charges. E.J. Hubbs takes cases in Miami-Dade County in surrounding cities of South Miami Heights, Cutler Bay, Princeton, Redland, Leisure City, Homestead, and Florida City, FL.

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


This article was last updated on Friday, June 9, 2017.

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