Burglary of a Dwelling in South Florida
Miami Criminal Defense Attorney
Burglary of a dwelling is a second-degree felony whether the dwelling is occupied or unoccupied. Both crimes are considered “Level 7” offenses under the Florida Criminal Punishment Code with recommended sentences of 21 months to 15 years in state prison, even for first-time offenders. For purposes of Florida law, a dwelling is considered a home where people reside and spend the night. In order for a burglary of a dwelling to occur, you must enter the residence of another without the owner’s consent with the intent to commit a crime inside of the residence. Simply entering a residence without committing a crime or attempting to commit a crime therein is a trespass.
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A South Florida burglary lawyer can be instrumental in fighting what prosecutors consider to be very serious charges. Additionally, burglary in the State of Florida can be punishable by life in prison when charged as armed burglary and burglary with an assault or battery.
Burglary cases are proven through physical evidence, such as fingerprints or DNA that may have been left behind at the scene.
While most dwelling burglaries occur when the dwelling is unoccupied, seldom are there actual eyewitnesses to the crime. Unfortunately, many people accused of burglary become anxious when confronted by police and will confess their involvement. As well, homes that have video surveillance systems can assist police in identifying the suspects. Burglary of an unoccupied dwelling and burglary of an occupied dwelling cases can also be proven if the suspects sell allegedly stolen items at nearby pawnshops, or are found to be in possession of recently stolen property.
Fight Your Charges
Attorney Eric Matheny is an experienced burglary attorney serving Miami-Dade and Broward County. He very well may be able to assist you in fighting your burglary charges. The first step in fighting them is to call and make an appointment for a no hassle, confidential consultation. This will allow Attorney Matheny to begin to put a solid defense together and fight against the charges against you.
Schedule your free initial case consultation by calling (305) 504-6655 today.
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