Burglary Charges Attorney in Miami-Dade County

Former Miami-Dade Prosecutor. 50+ Trials. Fighting Burglary Charges for You.

Under Florida Statute 810.02, burglary doesn’t require a forced entry. Entering through an unlocked door or window with criminal intent is enough to face charges. Remaining on a property after permission is withdrawn, with intent to commit a crime, qualifies as well. The statute covers three categories, each with its own dedicated page:

• Burglary of a Dwelling
• Burglary of a Structure
• Burglary of a Conveyance

A burglary charge can follow you even when you had no intention of committing a crime. The consequences are serious, and you shouldn’t face them without experienced counsel. Attorney Matheny is available 24 hours a day and serves clients throughout Miami-Dade, Broward, and Palm Beach counties.

If you’ve been charged with burglary, don’t wait. Contact The Law Offices of Eric M. Matheny, P.A.. A burglary attorney in Miami is available around the clock.

Penalties You Could Face for Burglary Charges

In Florida, burglary is always a felony offense under Florida Statute 810.02. There is no misdemeanor burglary in Florida. A conviction can mean prison time, significant fines, forfeiture of property, restitution to the victim, and a permanent criminal record.

Felony Degree Classifications

The degree of the felony turns on the specific circumstances of the offense:

• Third-degree felony: Entering or remaining in an unoccupied structure or conveyance without assault, battery, or a weapon. Up to 5 years in prison and a $5,000 fine.
• Second-degree felony: Entering or remaining in any dwelling (occupied or unoccupied), an occupied structure, or an occupied conveyance without assault, battery, or a weapon. Up to 15 years in prison and a $10,000 fine.
• First-degree felony: Burglary involving assault or battery, possession of a weapon or explosive, use of a motor vehicle to damage the structure, or property damage exceeding $1,000. Up to 30 years in prison and a $10,000 fine.

Armed burglary, or burglary involving assault or battery, can be charged as a first-degree life felony. It is punishable by up to life in prison.

Firearm Enhancements & Sentencing Factors

Florida’s 10-20-Life law adds mandatory minimum sentences when a firearm is involved. Actual possession of a firearm during a burglary triggers a 10-year mandatory minimum. Discharging that firearm triggers a 20-year mandatory minimum. If the discharge causes death or great bodily harm, the mandatory minimum rises to 25 years to life. These minimums aren’t discretionary. A judge can’t reduce them. Florida’s Criminal Punishment Code scoresheet system also assigns points based on offense severity, criminal history, and victim harm, which sets the floor for any sentence a judge may impose. Possession of burglary tools with intent to commit burglary is itself a separate third-degree felony, punishable by up to 5 years and a $5,000 fine. Call our office to understand how these factors may apply to your specific situation.

How We Build a Burglary Defense in Miami

Attorney Matheny served as an Assistant State Attorney for the Miami-Dade State Attorney’s Office. He knows how Miami-Dade prosecutors construct burglary cases and where those cases can break down. That prosecution-side perspective shapes every defense strategy from the first case evaluation, and our case results include a dismissed burglary charge.

Defense angles we examine in every case include:

• Lack of criminal intent: The prosecution must prove beyond a reasonable doubt that the defendant intended to commit a crime inside the premises. Without that proof, the central element of the charge fails.
• Permission to enter: Explicit or implied consent defeats the unlawful-entry element. Permission can be verbal, implied by prior access, or established through a key.
• Identity challenges: Many burglary cases lack eyewitnesses. Fingerprint and surveillance evidence can be contested for accuracy or for failing to establish when the person was present.
• Illegal search and seizure: Evidence obtained through an unlawful stop, search, or arrest may be subject to suppression under the Fourth Amendment.
• Statutory definition gaps: The structure must qualify as a dwelling, structure, or conveyance under the statutory definition. When it doesn’t, the charge itself may not hold.

Preparation includes reviewing police reports, examining the incident timeline, and scrutinizing witness statements for inconsistencies. Our familiarity with Miami-Dade County court practices, including cases processed through the Richard E. Gerstein Justice Building, helps us identify procedural missteps and evidentiary gaps that may work in your favor. The Law Offices of Eric M. Matheny, P.A. provides individualized attention, clear communication, and careful case planning, all focused on protecting your rights at every stage.

What a Felony Conviction Follows You With

The consequences of a felony conviction extend well beyond any sentence. A felony record is permanent and shows up in background checks long after you’ve served your time. Employers can deny job applications, landlords can reject housing applications, and lenders can refuse credit, all based on that record alone. Convicted felons also lose certain civil rights, including the right to vote and the right to possess a firearm. If you’re pursuing an immigrant visa, a felony conviction can cancel those proceedings entirely. When you retain Attorney Eric Matheny, you get personal attention to your case and an aggressive defense aimed at helping you avoid those consequences.

Why Acting Early Matters in Miami-Dade Burglary Cases

Burglary cases in Miami-Dade move through the Richard E. Gerstein Justice Building, and the local court system has strict procedural requirements. Missing a deadline or misstep early in the process can create complications that are difficult to undo. Early representation helps preserve evidence, protects against self-incrimination, and clarifies your options before the case advances. Attorney Matheny has tried more than 50 jury and non-jury trials, and that courtroom experience informs every stage of case preparation.

We serve clients in Miami-Dade County, Broward County, and Palm Beach County. If you’re facing burglary charges, the time to act is now. Waiting may narrow your options.

Call us at (305) 504-6655 to schedule an initial consultation and learn about your options.

Frequently Asked Questions

What Should I Do If I’m Charged With Burglary in Miami?

Don’t discuss the case with anyone except your attorney. Secure legal counsel from a burglary lawyer in Miami right away and document any interactions you have with law enforcement. These steps can help protect your rights and reduce the risk of inadvertently providing evidence that could be used against you.

Does the Value of Property Taken Affect Burglary Charges in Florida?

No. Burglary in Florida centers on unauthorized entry with criminal intent, not on the value of what was taken. Even if nothing was stolen, the charge can still stand.

Are All Burglary Charges in Miami Felonies?

Yes. Every burglary charge under Florida law is a felony. The degree, third, second, or first, depends on the circumstances: whether people were present, whether a weapon was involved, and whether assault or battery occurred.

Don’t wait to contact our Miami-Dade County criminal defense firm. Attorney Eric Matheny can be reached 24 hours a day.