Burglary Defense
Defense against burglary charges, including residential and commercial burglary in Florida.
Understanding Burglary Defense Charges
Burglary in Florida involves entering or remaining in a structure or conveyance with the intent to commit a crime inside. Unlike common belief, burglary does not require breaking and entering or theft - simply entering a building with criminal intent is sufficient. The severity of the charge depends on whether the structure was occupied, whether a weapon was present, and whether anyone was assaulted. Burglary of an occupied dwelling is one of the most serious property crimes.
Potential Penalties
- •Burglary of unoccupied structure: Third-degree felony, up to 5 years in prison
- •Burglary of occupied dwelling: Second-degree felony, up to 15 years in prison
- •Armed burglary: First-degree felony, up to life in prison
- •Burglary with assault or battery: Life felony with mandatory minimum sentences
- •Enhanced penalties for prior burglary convictions
- •Restitution to victims for damages and stolen property
- •Permanent felony record affecting employment and housing
How We Defend Burglary Defense Cases
Lack of intent to commit a crime - Demonstrate that you entered the structure for a lawful purpose without criminal intent.
Permission to enter - Prove that you had consent or authorization to be in the structure.
Mistaken identity - Challenge eyewitness testimony and forensic evidence linking you to the burglary.
Insufficient evidence - Attack weaknesses in the prosecution's case regarding your presence or intent.
Challenge the element of unlawful entry - Show that the entry was not unlawful or that you had a right to be there.
Alibi defense - Present evidence that you were elsewhere when the burglary occurred.
Reduce to trespass - Negotiate to reduce the charge to criminal trespass, a lesser offense.
Challenge occupancy status - Question whether the structure was actually occupied at the time.
Why Choose The Mirvis Law Firm?
Burglary charges carry serious felony penalties and can result in years in prison. These cases often hinge on the element of intent, which can be difficult for the prosecution to prove. Tony Mirvis has successfully defended numerous burglary cases by challenging the evidence of intent and unlawful entry, achieving dismissals and reduced charges.
With over 20 years of experience defending clients in Florida state and federal courts, Tony Mirvis has the knowledge, skills, and dedication to fight for the best possible outcome in your case.