Burglary is a charge in Miami, Florida that is taken very seriously. Depending on the charge burglary is punishable with up to 15 years in prison. A burglary lawyer will do everything in their power to protect their client’s rights and reduce the charges that have been brought up against them.
- What are the different types of burglary in Miami, Florida?
- What actions will a criminal lawyer take to protect the rights of their client?
In Miami, Florida in order for an individual to be found guilty for burglary, the state prosecutor has to prove that the defendant entered a home, business, car or any other structure with the intention of committing a crime. The prosecutor must prove this beyond a reasonable doubt. A burglary lawyer will likely be able to build a good defense for an individual who is being charged with a burglary.
In Miami, Florida there are three different kinds of burglary that an individual can be charged with. They are as followed:
- Burglary of dwelling (house)
- Burglary of conveyance (car, truck, boat or any other type of vehicle)
- Burglary of structure (office buildings, warehouses or any other type of commercial buildings)
Burglary of dwelling is when an individual burglarizes a home. Dwelling is not limited to going into a person’s house as it includes porches, garages and anything else that is attached to a house. Burglary of dwelling is a second-degree offense and a guilty charge can result in a 15 year prison sentence.
In Miami, Florida burglary of conveyance is a third degree felony that is punishable by up to 5 years in prison. It includes motor vehicles, boats, motorcycles, trains, and planes. If a person is in the motor vehicle that was burglarized was harmed when the crime was committed the charge changes to a second degree felony and becomes punishable with a maximum of 15 years in jail.
Burglary of structure is defined as a structure such as garages, roofs or porches that are attached to a building or house. It is a third degree felony and punishable by up to five years in prison but the punishment changes to a second-degree felony if a weapon is involved in the crime.
A good criminal lawyer understands the burglary laws inside and out and will do their best to form the necessary defense that gives their clients the best chance at having their charges reduced and in some cases dropped all together. In order to form a good defense a burglary lawyer will seek out the answers to the following questions:
- Did their client know that the property they burglarized was private property?
- Was their client invited as a guest to the property on which they were arrested?
- Were there any extreme circumstances at the time of their client’s arrest?
- Did the police act in a proper and ethical manner during the time of the arrest?
Any good lawyer knows that every arrest is unique and will evaluate all of the evidence and facts that surround their client’s case.
In Miami, Florida burglary is considered to be a felony offense. It is a much more serious crime then breaking and entering. Being convicted of a burglary could result in an individual being sentenced to jail for an extended period of time. Being found guilty of burglary will also permanently ruin a persons record making it difficult for them to become employed.
A quality burglary lawyer will present all of the possible scenarios to their client and then explain all of the different legal options that their client has. The priority of any criminal lawyer should be to protect the rights of their client and do everything that they can to fight the charges that face them.