Burglary

Overview

Burglary in Florida involves entering a structure or conveyance without permission with intent to commit a crime inside. Burglary of a dwelling carries enhanced penalties. Unoccupied and occupied burglaries are graded differently. Defenses may challenge intent or the structure element.

Burglary in Florida carries enhanced penalties for occupied dwellings. Defenses may challenge intent to commit a crime or the structure element. A Miami theft crimes lawyer can evaluate your case. Contact our office for a free consultation.

Penalties for Burglary in Florida

Burglary in Florida is graded by the type of structure and whether it was occupied. Burglary of a dwelling is a first-degree felony (up to life). Burglary of a structure other than a dwelling is a second-degree felony (up to 15 years). Burglary of a conveyance is a third-degree felony (up to 5 years). In Miami-Dade, burglary is prosecuted in Circuit Court. A Miami theft crimes lawyer can advise on sentencing exposure.

Possible Defenses

Defenses may include lack of intent to commit a crime inside, consent or license to enter, mistaken identity, or insufficient evidence. The prosecution must prove that you entered with intent to commit an offense therein—intent is often the most contested element. An attorney can evaluate the evidence and challenge the prosecution's proof.

What the Prosecution Must Prove

The prosecution must prove beyond a reasonable doubt that you entered a structure or conveyance without permission, and that you did so with intent to commit an offense inside. The type of structure (dwelling vs. other) affects the degree of the offense.

Why Early Counsel Matters

Burglary charges carry serious prison exposure, especially for dwellings. Early representation allows counsel to preserve evidence, challenge the legality of any search, and begin building a defense. Bond and pretrial release may be contested—counsel can argue for favorable release conditions.

What This May Involve

Charges related to burglary can involve various legal processes and procedures. These matters may include:

• Investigation by law enforcement agencies
• Review of evidence and documentation
• Legal proceedings in federal or state court
• Potential consequences that may vary based on specific circumstances
• Complex legal procedures and requirements

When to Speak With a Lawyer

If you are facing charges related to burglary, or if you believe you may be under investigation for such charges, it is important to consult with an attorney as soon as possible. Early legal representation can be important for understanding your rights, the charges you may face, and the legal process ahead.

An attorney can help you understand the specific laws and procedures that apply to your situation, advise you on how to respond to law enforcement inquiries, and work to protect your rights throughout the process.

The Law Offices of Paul D. Petruzzi, P.A. represent clients in federal and state criminal matters in Miami, Miami-Dade, Broward, and nationwide. If you face burglary charges in South Florida, a Miami criminal defense lawyer who handles these matters can help. We also have dedicated pages for Miami theft crimes lawyer and Miami criminal defense lawyer in Miami-Dade and surrounding areas.

We handle investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our criminal defense and case results pages for more information.