Burglary of a Dwelling in Miami-Dade County
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 Miami-Dade County 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.
I was charged with three felony charges related to check fraud. Eric used his expert knowledge to help resolve the charges with one day of jail served on the day that I surrendered myself to have charges filed.- Former Client
He made everything very clear and easy to understand and always kept me up to date with any changes.- Camila
We highly recommend him and would not hesitate to supply a personal reference concerning his professional conduct and compassion.- Michael
Tried 50+ Jury & Non-Jury TrialsAttorney Eric M. Matheny has tried enough cases to know that every case deserves a unique strategy in the courtroom. Our firm keeps your future in mind and always protects your rights.
Recognized Criminal Defense AttorneyAttorney Eric M. Matheny has been named among the “Best Criminal Lawyers in Miami” three years in a row: 2017, 2018 and 2019, by Expertise.com.
Experienced Former ProsecutorWith an insider’s perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make wise decisions about how to proceed with your defense.
A Trusted Voice in the NewsA featured commentator on The Rick Jensen Show on WDEL, on the radio program “Let's Talk About,” and in the Miami New Times, Miami Herald, Sun Sentinel, and other publications.
Payment Plans OfferedWe believe everyone deserves high-quality legal representation at an affordable rate.