BURGLARY ATTORNEY MIAMI, FL

Charged with Burglary in Miami-Dade County?

Being accused of burglary in Miami is a serious matter that can instantly alter your life. In Florida, burglary charges are nearly always considered felonies, and a conviction can result in lengthy prison time, hefty fines, and a permanent criminal record that affects job opportunities, housing applications, and professional licenses. Even claims that seem minor at first—such as entering a property without force or taking something—can quickly lead to severe legal consequences if not appropriately addressed from the beginning.

At Hager & Schwartz, P.A., our Miami burglary lawyers defend clients charged in cases involving dwellings, structures, or vehicles. As former state prosecutors, we understand how burglary cases are constructed, charged, and pursued by the State of Florida. That insider perspective allows us to approach each case strategically, identify weaknesses in the prosecution’s evidence, and develop defense strategies tailored to your specific circumstances. When you work with a criminal defense lawyer in Miami who knows both sides of the courtroom, you gain a strong advantage during this critical time.

We also understand that a burglary arrest doesn’t just affect you; it impacts your family, your career, and your future. That’s why we take a proactive, hands-on approach from the very start, focusing on protecting your rights, your freedom, and your reputation.

You don’t have to go through this alone. Our attorneys are available 24/7 to answer your questions, explain your options, and take immediate action for you. We also offer free consultations to help you get clear guidance without added pressure during this stressful time.

What Is Burglary Under Florida Law?

Under Florida Statute § 810.02, burglary is defined more broadly than many people realize. In simple terms, burglary happens when someone enters or stays in a dwelling, structure, or vehicle intending to commit a crime inside, unless they had permission to be there at the time. The focus is on where the entry occurred and why it happened.

One of the most crucial—and often misunderstood—elements of a burglary charge is the intent to commit a crime under Florida law. This doesn’t mean the state has to prove that a crime was actually completed. Instead, prosecutors must show that, at the time of entry (or while remaining inside), the person intended to commit any illegal act beyond burglary or trespass. Common examples include theft, vandalism, assault, or other offenses forbidden by state law. Even if nothing was taken and no one was harmed, the alleged intent alone can be enough for prosecutors to charge someone with burglary.

It is also important to understand that theft is not necessary for a burglary charge. Many Miami-Dade burglary arrests involve cases where no property was stolen. For example, prosecutors may allege burglary if someone enters a residence intending to confront another person, damage property, or commit a different non-theft offense. In these cases, the charge depends on what the state claims the person planned to do—not what actually happened.

Another common misconception is that burglary requires forced entry, like breaking a window or kicking down a door. In reality, burglary without forced entry is often charged in Miami-Dade County. Walking through an unlocked door, entering a garage that's partly open, or staying inside a property after permission has been withdrawn can all lead to burglary charges if prosecutors believe criminal intent existed. For example, someone who enters an unlocked apartment in Miami’s Brickell area and is later accused of planning to steal or commit another crime may still face felony burglary charges, even without any signs of damage.

Because Florida’s burglary law is written so broadly, everyday situations can quickly become serious felony cases. Disagreements over consent, intent, or what actually happened inside the property often become the main issues in these cases. That is why it’s so important to have a defense team that understands how Miami-Dade prosecutors interpret and apply § 810.02—and how to challenge assumptions before they turn into formal charges.

Penalties for Burglary in Florida

The penalties for burglary in Florida can be severe and long-lasting, especially because most burglary offenses are charged as felonies. The severity of the punishment depends on the specific details of the case—such as where the alleged burglary took place, whether anyone was present, and whether aggravating factors, such as weapons or violence, were involved. What might start as a seemingly simple accusation can quickly escalate, potentially leading to years in prison and a permanent criminal record. Understanding how Florida classifies burglary offenses is an essential first step in protecting yourself.

Third-Degree Burglary

Third-degree burglary is generally charged when the alleged offense involves a building or vehicle, like a business, storage unit, car, or boat, and no claim of assault, battery, or use of a weapon is made. These cases often happen from commercial or vehicle-related incidents in Miami-Dade County.

Even at this lowest burglary level, the consequences are serious.

A conviction for third-degree burglary can result in:

Up to 5 years in state prison
Up to a $5,000 fine
Probation and a felony conviction on your permanent record

Second-Degree Burglary

Second-degree burglary results in much harsher penalties and is often charged in residential cases. This includes burglary of a dwelling in Florida, even if no one was injured, as well as burglary of an occupied structure or vehicle.

Because Florida law places a high value on the sanctity of homes and occupied spaces, prosecutors treat these charges aggressively.

A second-degree burglary conviction may lead to:

Up to 15 years in prison
Substantial fines and lengthy probation
A felony record that can affect employment, housing, and professional licensing

First-Degree Burglary and Armed Burglary

The most severe penalties apply in cases involving armed burglary in Florida or allegations of violence.

First-degree burglary charges may be filed when prosecutors claim the accused:

Was armed during the burglary
Committed burglary with assault or battery
Used a vehicle instrumentally during the offense
Caused property damage exceeding $1,000

These cases involve life felony charges, which can result in decades of incarceration or even life in prison, depending on the circumstances and criminal history. Prosecutors in Miami-Dade County aggressively pursue these cases, often pushing for the maximum sentence allowed.

Because burglary charges can increase based on relatively minor facts, early legal intervention is essential. The way evidence is interpreted, statements are managed, and charges are framed early on can significantly influence the outcome. Having an experienced defense team involved from the start can be the difference between facing harsh penalties and safeguarding your future.

Types of Burglary Charges in Florida

Florida law recognizes several types of burglary charges, each defined by the location involved and the circumstances surrounding the alleged offense. These distinctions matter because they directly affect how burglary charges are filed in Miami-Dade County and the severity of the penalties a person may face. While the underlying allegation is the same—entering or remaining with intent to commit a crime—the legal consequences can vary dramatically depending on the type of burglary prosecutors pursue.

Burglary of a Structure

A burglary of a structure involves a building with a roof, either temporary or permanent, that is not a residence. Common examples include retail stores, warehouses, office buildings, restaurants, or storage facilities. In Miami-Dade, these charges often result from after-hours business entries or disputes over access to commercial property.

Burglary of a structure is often charged as a third-degree felony, though penalties can escalate if the structure was occupied or other aggravating factors are present. Even at this level, a conviction can lead to prison time and a permanent felony record.

Burglary of a Conveyance

A conveyance refers to a motor vehicle, ship, vessel, aircraft, or trailer. Burglary of a conveyance is commonly charged in cases involving cars, boats, or other vehicles—situations that are especially frequent in densely populated areas of Miami-Dade County.

These cases are often charged as third-degree burglaries, but the penalties can increase if the conveyance was occupied or if prosecutors argue additional criminal intent beyond unlawful entry. What may seem like a minor incident involving a vehicle can still result in serious felony charges under Florida law.

Burglary of a Dwelling

Burglary of a dwelling is treated much more seriously than other types of burglary in Florida. A dwelling includes any temporary or permanent building or conveyance that is occupied by people who sleep there at night, such as houses, apartments, condominiums, or even certain mobile homes and boats used as residences.

In Miami-Dade burglary cases, charges related to homes are usually classified as second-degree felonies, even if no one is present during the alleged incident. Because the law emphasizes the protection of residences, these cases lead to stricter penalties, including the possibility of long prison terms.

Armed Burglary / Burglary with Assault or Battery

The most serious burglary charges involve accusations of violence or the use of weapons. Armed burglary happens when someone is or becomes armed with a dangerous weapon or explosive during the crime. Likewise, burglary with assault or battery occurs when prosecutors claim that force or violence was used against another person.

These cases are frequently charged as first-degree felonies and can result in decades in prison or even life sentences, depending on the circumstances. Miami-Dade prosecutors aggressively pursue these charges, especially when public safety concerns are involved.

Because each type of burglary charge involves different risks and penalties, accurately identifying the charge—and the reasons behind it—can greatly influence your burglary defense strategy. Recognizing these differences early is vital for protecting your freedom and future.

Burglary vs. Trespassing in Florida

Many people are surprised to learn how closely related—yet legally distinct—burglary and trespassing are in Florida. While both involve entering or remaining on property without permission, the main difference lies in intent, and this distinction often determines whether someone faces a misdemeanor or a serious felony.

Under Florida Statute § 810.08, trespassing happens when someone intentionally enters or stays on property without permission, or refuses to leave after being asked. Importantly, trespassing does not require any intent to commit another crime. Often, trespassing charges come from misunderstandings, disputes, or situations where someone oversteps bounds or enters a restricted area unknowingly.

Burglary, on the other hand, requires more than just unlawful entry. According to Florida law, burglary involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit a crime inside. That crime can be theft, assault, vandalism, or any other illegal act—whether or not it actually takes place. This element of intent is what increases burglary from a lesser offense to a felony with much harsher penalties.

Because intent is often inferred rather than directly proven, the line between burglary and trespassing is frequently debated in Miami-Dade cases. If prosecutors cannot prove that someone intended to commit a crime at the time of entry, a burglary charge might be downgraded to trespassing. This distinction is crucial since trespassing is generally charged as a misdemeanor and has significantly lighter penalties than felony burglary.

These cases often hinge on subtle details—what was said, what actions were taken, whether consent was given, and how evidence is interpreted. Challenging assumptions about intent is one of the most effective defense strategies in burglary cases. By carefully examining the circumstances of the entry and the state’s evidence, an experienced defense attorney might argue that the facts support trespassing rather than burglary, greatly reducing a client’s exposure and helping to protect their future.

Common Defenses to Burglary Charges

Burglary cases are rarely as straightforward as they may first appear. Prosecutors must prove specific legal elements beyond a reasonable doubt, and when those elements are weak or unsupported, the case can begin to unravel. Effective burglary defense strategies focus on carefully analyzing the facts, the evidence, and how the state is attempting to interpret intent. As former prosecutors, our attorneys understand how these cases are built—and where they are most vulnerable.

While no two cases are the same, some of the most common defenses to burglary charges include:

Lack of intent: Because burglary requires intent to commit a crime at the time of entry or while remaining inside, challenging intent is often central to the defense. If the evidence does not clearly show that a person planned to commit an illegal act, the prosecution’s case may fall short. Situations involving misunderstandings, confusion, intoxication, or lawful purposes for entering a property can undermine claims of criminal intent.
Mistaken identity: Burglary charges frequently rely on circumstantial evidence, surveillance footage, or eyewitness accounts—none of which are immune to error. Poor lighting, rushed identifications, or assumptions made at the scene can lead to the wrong person being accused. A strong defense examines whether the state can reliably prove who actually committed the alleged offense.
Consent to enter: If a person had permission to enter the property, burglary charges may not apply. Consent can be explicit or implied, and disputes often arise when relationships change or expectations are unclear. Text messages, prior access, shared use of property, or witness testimony can all play a role in establishing that entry was lawful.
No property damage: While property damage is not required for a burglary charge, the absence of damage can weaken the prosecution’s narrative, especially in cases where forced entry is alleged. A lack of broken locks, doors, or windows may support alternative explanations for how and why the person entered the property.
Insufficient evidence: Ultimately, the burden rests with the state to prove every element of burglary beyond a reasonable doubt. If evidence is incomplete, inconsistent, or improperly obtained, the case may be challenged. This includes questioning how evidence was collected, whether constitutional rights were violated, and whether the prosecution’s version of events holds up under scrutiny.

Because burglary cases depend on specific facts and interpretations, no universal defense exists. Successful strategies are developed through a case-by-case approach, guided by experience on both sides of the courtroom. Early, strategic evaluation of the evidence can be crucial in shaping the outcome of a burglary case and safeguarding a client’s future.

What If You Didn’t Actually Enter the Home? (Curtilage Explained)

Many people think burglary charges only happen if someone physically enters a home or building. However, under Florida law, this is not always true. The idea of curtilage greatly broadens the definition of burglary and is often a crucial factor in burglary arrests across Miami-Dade County.

Florida law defines a dwelling or structure to include not only the building itself but also its curtilage. Under Florida Statute § 810.011, curtilage refers to the area immediately surrounding a home or structure that is closely associated with the private living space. This can include enclosed yards, fenced areas, patios, carports, or other spaces that are considered part of the property’s protected area, even if they are outside the building's four walls.

Proximity is important for curtilage. The closer the area is to the home or structure—and the more it is treated as private space—the more likely it is to be considered part of the dwelling for burglary purposes. Importantly, a person does not need to enter the home to be charged with burglary. Under Florida law, extending any part of the body into a dwelling or structure can be enough, even briefly. Reaching an arm through a window, stepping into a screened-in patio, or crossing into an enclosed yard may satisfy the legal definition of entry.

These problems frequently appear in Miami burglary arrests. For example, people have been charged with burglary after entering gated yards in residential neighborhoods, stepping into attached carports, or reaching into homes through open doors or windows—despite never fully entering the living space. In densely populated parts of Miami-Dade County, where properties are close together and outdoor areas are often enclosed, curtilage becomes a key tool for prosecutors.

Because curtilage can blur the line between lawful presence and felony burglary, these cases often depend on technical legal arguments and factual details. Whether an area genuinely qualifies as curtilage, whether it was enclosed, and whether the person had permission to be there are all issues that can be challenged. Understanding how Florida law defines entry—and how Miami-Dade prosecutors interpret that definition—is essential to building an effective defense in these situations.

What Happens After a Burglary Arrest in Miami-Dade County?

A burglary arrest can feel overwhelming, especially if you've never been involved with the criminal justice system before. Knowing what to expect can help ease some of the fear and uncertainty. While each case is different, burglary cases in Miami-Dade County usually follow a predictable legal process—and having an attorney involved early can make a significant difference at every stage.

The following are the typical steps in a burglary case:

Arrest and booking: After a burglary arrest, the individual is typically taken to a Miami-Dade correctional facility for booking. This process includes fingerprinting, photographs, and the formal recording of the charges. Law enforcement may also collect personal information and inventory any property in the person’s possession. In many cases, a bond amount is set shortly after booking, either according to a standard bond schedule or by a judge. This is a critical time to avoid making statements to law enforcement and to contact a defense attorney as soon as possible.
Arraignment: The next formal step is the arraignment, which usually takes place within a few weeks of the arrest. At the arraignment, the court formally reads the charges, and the defendant enters a plea—most often “not guilty” at this stage. In Miami-Dade burglary cases, an attorney can often waive the client’s presence at arraignment and handle this appearance on their behalf, helping minimize disruption to work and family life. This hearing also sets the tone for how the case will move forward.
Pretrial process: After arraignment, the case enters the pretrial phase, where the defense and prosecution exchange evidence, file motions, and begin evaluating the case's strengths and weaknesses. This stage may involve depositions, hearings on legal issues, negotiations with prosecutors, or motions to suppress evidence. Many burglary cases are resolved during this phase through charge reductions or dismissals, while others proceed toward trial depending on the facts.

Early attorney involvement is crucial throughout this process. The decisions made in the days and weeks after an arrest—such as how evidence is preserved, what statements are taken, and how the case is managed—can greatly influence the outcome. A skilled defense attorney can guide you through each step, protect your rights, and help you understand your options so you can proceed with clarity and confidence during a stressful time.

How Miami-Dade Prosecutors Handle Burglary Cases

Burglary cases in Miami-Dade County are prosecuted vigorously, especially when the alleged offense involves a residence, an occupied building, or any indication of violence. The Miami-Dade State Attorney’s Office gives priority to burglary charges because they are seen as crimes that directly threaten public safety and community stability. Consequently, prosecutors often act swiftly to file formal charges and seek felony-level penalties whenever the facts support it.

Charging Practices and Local Tendencies

Miami-Dade prosecutors carefully assess the location of the alleged burglary, whether the property was occupied, and any factors that could increase the charge, such as weapons, alleged threats, or property damage. It is typical for the State to charge the highest offense supported by the initial police report, even when the evidence of intent or entry is uncertain. Residential burglaries are often charged as second-degree felonies, while cases involving suspected weapons or confrontations may be pursued as first-degree offenses.

Because intent is so crucial in burglary cases, prosecutors often depend on circumstantial evidence, statements made at the scene, or assumptions about a person’s purpose for being on the property. In many Miami burglary arrests, these initial interpretations greatly influence how the case is charged—making early defense intervention particularly vital.

Proceedings at the Richard E. Gerstein Justice Building

Most felony burglary cases in Miami-Dade County are processed at the Richard E. Gerstein Justice Building, which functions as the county’s main criminal courthouse. This is where bond hearings, arraignments, motion hearings, and many pretrial proceedings occur. Prosecutors handling these cases are experienced in managing high-volume felony dockets and often advance cases efficiently unless challenged with well-prepared legal arguments.

Common Penalties and Typical Outcomes

Local courts treat burglary allegations seriously, and the potential outcomes vary greatly based on the facts and the defendant’s criminal history. Some cases result in reduced charges, probation, or dismissal when evidence is weak or legal issues are effectively raised. Others may lead to significant prison time, especially for repeat offenders or cases involving homes or alleged violence. Negotiated resolutions are common, but they are much more likely when the defense can effectively challenge intent, entry, or the property classification.

Understanding how Miami-Dade prosecutors handle burglary cases—and how local judges respond to those charges—requires firsthand experience in these courts. A defense strategy that considers local practices, courthouse procedures, and prosecutorial tendencies can significantly influence the outcome of a burglary case.

Why Hire Us for a Burglary Charge?

When facing burglary charges in Miami-Dade County, the lawyer you select can significantly influence your future. Burglary cases proceed quickly, and early decisions—by law enforcement and prosecutors—often determine how the case unfolds. At Hager & Schwartz, P.A., we offer focused, strategic defense supported by extensive courtroom experience and a deep understanding of how burglary cases are prosecuted in Miami.

As former prosecutors, our attorneys offer a unique perspective on burglary defense. We understand how the State assesses evidence, constructs narratives around intent, and determines when to escalate charges. This insight enables us to anticipate prosecutorial tactics and challenge weak assumptions before they become serious felony charges. We don’t use a one-size-fits-all approach—every defense is tailored to the specific facts, evidence, and goals of the client.

We are also trial-ready defenders. While many burglary cases are resolved through negotiation, we prepare every case as if it might go to trial. This level of preparation strengthens our position at every stage and shows prosecutors that we are prepared to fight aggressively when needed. Our proven track record across Miami-Dade courts reflects years of defending clients against serious felony charges and seeking reduced penalties, dismissals, or acquittals whenever possible.

Burglary arrests don’t happen on a convenient schedule, which is why we offer 24/7 availability. If you or a loved one is under investigation or has already been arrested, speaking with a lawyer immediately can help protect your rights and prevent costly mistakes.

We encourage you to contact our Miami burglary lawyers before speaking to the police, and to use our free, confidential consultation to get clear answers about your options without added pressure. When your freedom and future are on the line, timely and experienced legal guidance matters.

Frequently Asked Questions About Burglary Charges in Florida

What Is the Difference Between Burglary and Robbery in Florida?

Burglary and robbery are separate offenses. Burglary involves entering a structure, dwelling, or conveyance with the intent to commit a crime inside, regardless of whether anything is taken. Robbery, by contrast, involves the forcible and unlawful taking of another person’s property, typically through the use of force, violence, or intimidation. The key distinction is that burglary focuses on unlawful entry with intent, while robbery centers on taking property directly from a person.

Can You Be Charged with Burglary without Stealing Anything?

Yes, you can be charged. Theft is not required for burglary charges in Florida. Prosecutors only need to allege that the person entered or remained in a structure, dwelling, or conveyance with the intent to commit any crime, such as theft, assault, vandalism, or another illegal act—even if that crime was never completed.

What Is the Penalty for First-Degree Burglary in Florida?

First-degree burglary is one of the most serious burglary offenses and may be punished by any term of imprisonment not exceeding life, depending on the circumstances of the case and the defendant’s criminal history.

Can a Burglary Charge Be Reduced to Trespassing in Florida?

In some cases, yes. A burglary charge may be reduced to trespassing if the prosecution cannot prove intent to commit a crime and the evidence shows only that the person willfully entered or remained on the property without authorization. These distinctions are often heavily litigated in burglary cases.

Is Burglary a Violent Crime Under Florida Law?

Burglary is generally classified as a property crime, not a violent crime. However, burglary can be treated as more serious when it involves alleged violence, weapons, or assault, which can significantly increase the penalties involved.

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