Miami Burglary Defense Attorney Dennis Gonzalez Jr.
Florida's Burglary Law Explained
Under Florida Statute 810.02, burglary is defined as entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein. This applies unless the premises are open to the public or the defendant is licensed or invited to enter or remain. Burglary can be classified as a first, second, or third-degree felony, depending on the circumstances of the crime.
Miami Criminal Defense Lawyer Dennis Gonzalez Jr. is renowned for offering top-notch legal representation to those accused of crimes in South Florida. Our legal team, well-versed in both Florida and Federal Criminal Punishment Codes, possesses the expertise and experience that can make the difference between freedom and incarceration. If you are facing criminal charges, we will tenaciously defend you and work relentlessly to safeguard your rights.
Call Us At 305-209-0384 For A FREE Consultation!
Miami Criminal Defense Lawyer Dennis Gonzalez Jr. is renowned for offering top-notch legal representation to those accused of crimes in South Florida. Our legal team, well-versed in both Florida and Federal Criminal Punishment Codes, possesses the expertise and experience that can make the difference between freedom and incarceration. If you are facing criminal charges, we will tenaciously defend you and work relentlessly to safeguard your rights.
Call Us At 305-209-0384 For A FREE Consultation!
Burglary as a Felony in Miami, FL
A first-degree felony burglary involves committing assault or battery during the burglary or being armed with a weapon or explosives upon entering the property. Additional factors include using a vehicle to break into the property or causing damages exceeding $1,000.
Second-degree felony burglary occurs when another person is present during the burglary, such as the property owner, workers, or affiliates. No assault or battery should be committed during the crime. Burglary may also be considered a second-degree felony if it takes place while the county is under a state of emergency.
Third-degree felony burglary transpires when no one is present during the crime, no weapon is used, and there is no assault or battery. The individual must not become armed and dangerous by possessing a weapon or explosive during the burglary.
Burglary Penalties in Florida
First-degree felony burglary is punishable by a maximum prison sentence of 30 years and a $10,000 fine. If a life felony occurs (death or serious injury), the penalty may be life imprisonment. Second-degree felony burglary carries a maximum prison sentence of 15 years and a $10,000 fine. Third-degree felony burglary is punishable by a maximum prison sentence of 5 years and a $5,000 fine.
A first-degree felony burglary involves committing assault or battery during the burglary or being armed with a weapon or explosives upon entering the property. Additional factors include using a vehicle to break into the property or causing damages exceeding $1,000.
Second-degree felony burglary occurs when another person is present during the burglary, such as the property owner, workers, or affiliates. No assault or battery should be committed during the crime. Burglary may also be considered a second-degree felony if it takes place while the county is under a state of emergency.
Third-degree felony burglary transpires when no one is present during the crime, no weapon is used, and there is no assault or battery. The individual must not become armed and dangerous by possessing a weapon or explosive during the burglary.
Burglary Penalties in Florida
First-degree felony burglary is punishable by a maximum prison sentence of 30 years and a $10,000 fine. If a life felony occurs (death or serious injury), the penalty may be life imprisonment. Second-degree felony burglary carries a maximum prison sentence of 15 years and a $10,000 fine. Third-degree felony burglary is punishable by a maximum prison sentence of 5 years and a $5,000 fine.
Anti-Murder Statute and Prison Release Reoffender Act
If you plead guilty to burglary and receive probation, you may be classified as Anti-Murder due to burglary being a qualifying offense. This designation carries severe consequences, such as additional points on your score sheet and an Anti-Murder status for any future felony cases involving probation.
Burglary is also a qualifying offense under the Prison Release Reoffender (PRR) Act. The PRR designation may require an individual to serve their entire sentence day for day, without gain time.
Burglary is also a qualifying offense under the Prison Release Reoffender (PRR) Act. The PRR designation may require an individual to serve their entire sentence day for day, without gain time.
Contact a Miami Criminal Defense Attorney
If you are facing burglary charges in Miami, FL, it's crucial to contact an experienced attorney immediately. Miami Criminal Defense Attorney Dennis Gonzalez Jr. is available 24/7 to discuss your specific situation. Give us a call or fill out the form on our website, and our office will get in touch with you.
Consult with Miami Criminal Defense Lawyer Dennis Gonzalez Jr.
Our legal team will take the time to explain all of your rights, advise you of your options, and build the most effective defense strategy. We will conduct a thorough investigation, gather evidence, identify and interview witnesses, and collaborate with a team of outstanding private investigators and criminal experts, all in pursuit of securing an acquittal. When you become our client, you can rest assured that we will never stop fighting for you.
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