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Burglary Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Burglary Lawyer

Also Protecting Clients in Fort Lauderdale

Burglary occurs when somebody goes into a residence or structure intending to perpetrate an offense, usually to steal. A conviction can severely restrict your ability to get a job or rental home in the future. It’s wise to consult an experienced Miami burglary defense attorney if you are facing this kind of theft charge. Evan Hoffman provides knowledgeable, tenacious criminal defense representation to clients facing a wide spectrum of property crime charges, including grand theft and petit theft.

The Hoffman Firm is here for you. Schedule your free consultation today by calling 305-928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, or contacting us online.

Fighting Your Burglary Charges

Burglary is charged under Florida Statutes section 810.02.

To obtain a conviction, the prosecutor will need to prove beyond a reasonable doubt:

  • The defendant entered a conveyance, structure, or dwelling of another
  • They intended to perpetrate a crime in the conveyance, structure, or dwelling

Alternatively, the prosecutor trying to establish burglary will need to prove:

  • The defendant lawfully entered a conveyance, structure, or dwelling with permission or consent
  • They stayed inside with intent to:
    • Perpetrate a crime after surreptitiously remaining inside
    • Perpetrate a crime inside, staying after permission to be there had been revoked
    • Intending to perpetrate or trying to perpetrate a forcible felony inside

Structures covered by the statute include any sort of temporary or permanent building with a roof overhead and curtilage. Conveyances covered by the statute include any motor vehicle, aircraft, ship, vessel, railroad vehicle, trailer, or sleeping car. Dwellings covered by the statute include temporary or permanent buildings of any sort that have a roof overhead and are designed for human occupation at night, along with any enclosures immediately around them.

It’s important to realize that the prosecuting attorney doesn’t need to show that your entire body went into the dwelling, structure, or conveyance to secure a conviction. Rather, burglary is complete when a defendant, intending to perpetrate a crime, puts any part of his or her body into a building or vehicle. For example, if you break the window of a house, intending to open the door and go in to steal things, and you put your hand inside the window and the police catch you, you could face burglary charges.

Moreover, if you try to go into a structure, conveyance, or dwelling with stealth, the jury may infer your actions were undertaken with criminal intent. For example, if you put a stocking mask over your face and go in the dead of night to somebody’s house to jimmy the lock and go inside, the jury is allowed to infer that you intended to commit a crime inside.

Degrees of Burglary

The circumstances will dictate what degree of burglary will be charged. Third degree burglary is the least serious burglary offense, and it’s charged if you went into a structure intending to perpetrate a crime, but nobody was there. For this you can face a maximum of 5 years of imprisonment or probation and a $5,000 fine.

The prosecutor will charge second degree burglary if they believe you went into a structure lawfully without intent to perpetrate a crime and you didn’t carry a weapon or actually perpetrate an assault. It doesn’t matter if somebody is present or not. You can face a maximum of 15 years of imprisonment or 15 years of probation and a $10,000 fine for this offense.

The prosecutor will charge first degree burglary if, while committing burglary, you:

  • Assaulted or committed battery on someone
  • Became armed within the conveyance, structure, or dwelling with a dangerous weapon or explosives
  • Entered an occupied or unoccupied structure or dwelling and either:
    • Used a vehicle as an instrumentality to commit the crime, not just a getaway, and thereby damaged the structure or dwelling
    • Damaged the dwelling or structure or property inside it in an amount greater than $1,000

Schedule your free consultation today by calling 305-928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, or contacting us online. Don’t face your charges without help from an experienced Miami criminal defense lawyer.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive Traffic Ticket Defense
  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to get all the charges dismissed before the case even went to arraignment.

  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

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