Miami Burglary Defense Attorneys

Charged With Burglary In Miami-Dade County?

Burglary is a type of property crime that is taken quite seriously in the state of Florida. There are different degrees of severity to burglary crimes under the law, and a conviction can have serious consequences, not the least of which is the loss of your freedom. If you are facing burglary charges, it takes a highly skilled criminal defense attorney to protect your rights and your future.

Valiente Law, a first-rate law firm located in Miami, has a well-earned reputation for providing our clients with bold and aggressive legal representation. Our legal team has in-depth knowledge of the applicable burglary statutes and a proven track record of achieving successful outcomes, inside or outside of the courtroom.

Call Us At 305.764.5460 For A FREE Consultation! 

Florida burglary elements

For offenses after July 1, 2001, §810.02 provides alternative routes to burglary:

• Entering a dwelling, structure, or conveyance with intent to commit an offense inside, unless it is open to the public or the defendant is licensed or invited to enter.
• Despite an initially licensed or invited entry, remaining secretly with intent to commit an offense; remaining after permission is withdrawn with that intent; or remaining to commit or attempt a forcible felony.

The remaining-in alternatives are distinct; secrecy and withdrawal of permission need not both occur. A completed theft or physical breaking is not required. The State must prove the elements of the particular theory charged, including the required intent.

Burglary classifications

• First-degree felony punishable by life: Burglary involving an assault or battery, becoming or being armed with explosives or a dangerous weapon, or the specified dwelling/structure damage circumstances under §810.02(2). The damage alternatives include using a vehicle as an instrumentality beyond merely a getaway vehicle and thereby damaging the premises, or causing more than $1,000 in damage to the dwelling, structure, or property inside. Life is an authorized maximum; the statute does not create a universal 30-year minimum.
• Second-degree felony: Specified unarmed burglary without assault or battery, including a dwelling whether occupied or unoccupied, an occupied structure or conveyance, an authorized emergency vehicle, or a structure or conveyance entered or remained in to steal a controlled substance. The ordinary maximum is 15 years in prison and a $10,000 fine.
• Third-degree felony: Qualifying unarmed burglary of an unoccupied structure or conveyance without assault or battery, outside the higher-degree provisions. The ordinary maximum is five years in prison and a $5,000 fine.

The sentencing scoresheet, applicable mandatory minimums or enhancements, and special riot or emergency provisions must be evaluated separately from these statutory maximums.

Defenses to Burglary Charges

There are a number of defenses that can be asserted against burglary charges, starting with proving your innocence. This often entails having an alibi — you were not at the scene when the crime occurred. Additionally, it may be possible to argue that the owner consented to your entry or presence on the property, or that the premises were open to the public at the time. Finally, challenging proof of the required criminal intent may be a defense; motive and intent are different questions.

Prosecutors must prove every element of the charged entering or remaining-in theory beyond a reasonable doubt. Lack of permission alone does not replace proof of the required criminal intent. Our attorneys have the legal know-how to assert any defenses and will vigorously attack the prosecution’s case by questioning the validity of the evidence or any witnesses. Above all, we will work tirelessly to secure your freedom.

Miami Burglary Defense Attorney

If you have been charged with burglary, Valiente Law can help to mount a successful defense. We will take the time to understand the circumstances that led to your arrest, thoroughly examine the state’s evidence against you, identify and interview relevant witnesses, including the police, and seek out evidence of your innocence. Our legal team will fully explain all of your rights and explore all of your options.

While we are committed to winning an acquittal, we will be honest with you about your chances for success at trial. In some cases, we may seek to have the charges reduced. In the event of a conviction, we will determine whether you have grounds for an appeal. When your freedom and reputation are at stake, we will be there to fight for you.

Call our office today or complete the convenient online contact form to set up a free consultation. 

Featured Testimonial

Miami Burglary Defense Review

Very professional and very detailed. Takes the time to work every in and out of the case. Highly recommended!

Jeff G.

Miami Burglary Attorney

5/5