Miami Burglary Attorney

Understanding Burglary Crimes & Laws in Florida

In Miami, burglary is a serious violent offense with potentially severe consequences. Under Florida law, burglary involves entering or remaining in a structure or conveyance with the intent to commit theft or another offense therein. 

The seriousness of a burglary charge can vary based on factors like the presence of occupants and whether a weapon was involved. Miami's urban landscape, with its vibrant neighborhoods and bustling commerce, experiences unique patterns in burglary crime trends.

Furthermore, Miami authorities vigorously prosecute burglary offenses, reflecting the city's commitment to public safety and property protection. This highlights the need for an informed and robust legal defense for those accused of burglary.

Accused of burglary in Miami? Fight back now! A burglary charge can have serious consequences, but the right defense can make all the difference. Our experienced Miami burglary attorney is ready to protect your rights. Call (305) 400-0074 now or contact us online for a consultation!

Understanding Burglary Under Florida Law

Burglary is defined under Florida Statute 810.02 as unlawfully entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside. 

The prosecution must prove specific elements to secure a conviction, including unauthorized entry, intent to commit a crime, and whether the location was occupied or unoccupied.

Different degrees of burglary exist, each carrying varying penalties. A Miami burglary lawyer can assess the circumstances of the case and determine how to challenge the charges effectively.

Common Types of Burglary Offenses in Miami

Burglary offenses in Miami can vary, each carrying its own set of challenges and potential penalties. Understanding these common types is crucial:

• Residential Burglary: Involves unlawfully entering a home or dwelling.
• Commercial Burglary: Targets businesses or non-residential structures.
• Burglary With Assault: Occurs when an assault or battery is committed during a burglary.
• Armed Burglary: Involves the use or possession of a weapon during the commission of a burglary.

Each burglary charge presents different defense opportunities, and understanding your specific situation is key to crafting an effective legal plan. Additionally, legal defenses might involve questioning the legality of the search and seizure or arguing that the prosecution did not prove the offense beyond a reasonable doubt.

Penalties & Legal Consequences of Burglary in Miami

Burglary charges in Florida fall into three categories:

• Third-Degree Burglary – This involves unlawfully entering a structure or conveyance with intent to commit a crime but without assault or weapon possession. It is classified as a third-degree felony, punishable by up to five years in prison, five years of probation, and fines reaching $5,000.
• Second-Degree Burglary – This applies when a person enters a dwelling, occupied structure, or emergency vehicle with criminal intent. It is a second-degree felony, carrying up to 15 years in prison, 15 years of probation, and a $10,000 fine.
• First-Degree Burglary – The most serious charge occurs when burglary involves assault, battery, weapon possession, or property damage exceeding $1,000. This is a first-degree felony, punishable by up to life imprisonment.

A burglary conviction in Florida can have long-term consequences beyond legal penalties. A criminal record can make it difficult to secure employment, housing, or educational opportunities. Additionally, felony convictions affect civil rights, including voting and firearm possession.

An experienced burglary attorney in Miami will explore mitigating circumstances that might reduce sentencing or even lead to a charge dismissal, such as lack of prior criminal history or demonstrating that the accused poses minimal risk to the community.

Engage the Best Defense Strategy Against Burglary Charges in Miami

Building a strong defense requires assessing all aspects of your case, from potential alibis to procedural errors during arrest. Our team delves deeply into evidence, questioning its validity and the manner in which it was gathered. Success in challenging these elements can often turn the tide of your defense case.

At the Law Office of Armando J. Hernandez, P.A., we don't just wait for the state to present their evidence; we conduct our own investigation. Our defense strategies include:

• Challenging Intent: We provide context to your presence on the property. If there was no intent to commit a crime, the charge must be reduced to a misdemeanor trespass.
• Motions to Suppress: If the police searched your bag or car without a warrant or probable cause, we fight to have that evidence thrown out of court.
• Mistaken Identity Defense: We utilize experts to challenge the reliability of "show-up" identifications and grainy Ring doorbell footage.
• Consent and License: We investigate whether you had an invitation or a reasonable belief that you were allowed to enter, which is a complete defense to burglary.

Attorney Hernandez's prosecutorial background is instrumental in anticipating the prosecution's moves, enabling us to prepare a defense that robustly counteracts their strategies. Additionally, our firm utilizes a network of investigative resources to uncover critical case details that may have been overlooked, ensuring a comprehensive approach to every defense.

Potential Outcomes and Case Resolution Options

Many individuals facing burglary charges want to know what outcomes are realistically possible in Miami-Dade courts. While no attorney can guarantee a specific result, understanding the range of potential resolutions—based on the facts, prior history, and case handling—helps clients set expectations, assess risks, and make informed decisions about their defense strategy. Clear guidance can reduce uncertainty and provide a roadmap for moving forward.

In some cases, prosecutors may offer reduced charges, diversion programs, or plea agreements when evidence is weak or mitigating factors, like steady employment and community ties, exist. If a case goes to trial, we prepare clients for every step, from pretrial hearings to jury selection and testimony, while also addressing collateral issues like immigration, licensing, or housing. This approach ensures clients understand both immediate and long-term consequences when deciding how to proceed.

Why Choose Law Office of Armando J. Hernandez, P.A. for Your Defense

At Law Office of Armando J. Hernandez, P.A., we understand that facing burglary charges can be daunting. Our defense team, led by Attorney Armando J. Hernandez—a former prosecutor with over 20 years of experience—brings invaluable insight into how the prosecution may approach your case. This perspective allows us to construct robust defense strategies tailored for each client. Our boutique firm size means we provide personalized attention, ensuring no detail is overlooked.

Available 24/7, our team remains dedicated to guiding you through the legal process, ensuring that you remain informed and supported. Our bilingual services ensure clear communication for all Miami residents. We also pride ourselves on our transparent approach, offering clear information about potential legal paths and outcomes, empowering clients to make informed decisions.

Contact Us for Skilled Burglary Defense in Miami

If you are facing burglary charges in Miami, contact Law Office of Armando J. Hernandez, P.A. for a free consultation. We devote our resources, time, and commitment to protecting your rights and working toward the most favorable outcome. 

Call us at (305) 400-0074 or reach out online to secure your defense today. Our commitment to judicious defense strategies and personalized legal support offers peace of mind during this challenging time.