Burglary Benefit From Over 27 Years of Trial Experience

Sarasota Burglary Attorney

Call an Experienced Criminal Defense Law Firm: (941) 275-2489

Burglary and other theft crimes are serious crimes in Florida. A conviction could mean a sentence in jail or prison, fines, and a tarnished reputation.

Why Choose Our Burglary Lawyer?

  • 25+ years of proven legal experience
  • Former prosecutor fighting for you
  • Hundreds of criminal cases successfully handled
  • 24/7 availability to provide a free consultation

These types of offenses are seen as crimes involving dishonesty, and your ability to pursue many job opportunities in the future can be seriously impaired by a burglary conviction on your record. If you have been charged with burglary, you will need the experienced and skilled guidance of a Sarasota criminal defense attorney.

What Is Burglary?

The basic definition of burglary in the state of Florida is that a person has unlawfully entered or remained inside a dwelling, a structure, or a conveyance, and this was done with the intention of committing a crime while there. An exception to this is if the location is open to the public, or if the person being charged has the legal right to be there. There are also other related crimes to burglary, such as attempted burglary, possession of burglary tools and trespassing, burglary with an assault or battery, or burglary committed while armed with a weapon.

Penalties for Burglary in Florida

Burglary is basically grouped into three main categories: burglary of a dwelling, burglary of a structure, and burglary of a conveyance. A dwelling is any structure or building with a roof, and serves as a place where people reside during the nighttime. Most commonly this would be a residence. A structure is simply any type of building that has a roof. It can be permanent or temporary. Examples would be an office building, a garage, or a store. A conveyance is any type of motor vehicle, vessel, ship, trailer, or railroad car.

If you are convicted of burglary of a dwelling, the law states that a judge must sentence you to a minimum of 21 months in prison. It is a second degree felony. Additionally, he can also add any combination of the following:

  • Up to 15 years in prison
  • Up to 15 years' probation
  • Up to $10,000 in fines

If you are convicted of burglary of a structure, the following applies:

For an occupied structure:

  • Up to 15 years in prison
  • Up to 15 years' probation
  • Up to $10,000 in fines

For an unoccupied structure:

  • Up to 5 years in prison
  • Up to 5 years' probation
  • Up to $5000 in fines

If you are convicted of burglary of a conveyance, the following applies:

  • Up to 5 years in prison
  • Up to 5 years' probation
  • Up to $5,000 in fines

Defending Against a Theft Crime Charge

Some of the elements of a defense for burglary are determining if the defendant was allowed to be on the property. If it is a public building, for example, then consent is implied. And the right to remain in the property is also implied unless it can be proven that the right to remain was taken away by some means. The prosecution would also have to prove there was intent to commit a crime while on the property. This can be quite difficult to prove.

While the State must prove several things in order to convict an accused person of burglary, that doesn't mean the system is simple. Criminal attorney Scott Miller proudly serves both Sarasota and Bradenton and is highly skilled and experienced in defending burglary and other theft crime charges. A successful defense can take on many forms, and Attorney Miller will aggressively and effectively assess the best way to approach your case to pursue an optimum outcome.


Call (941) 275-2489 any time of day or night to get your free consultation! Or you can email us to schedule a free case review from a proven defense firm today. 


Hear From Our Happy Clients

At The Miller Law Firm, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "The outcome for us was better than we could have hoped for and I credit Scott's tenacity and creative perseverance for the results."
    Scott did a wonderful job and I found him to be professional, kind, communicative, and honest throughout the handling of our case. The outcome for us was better than we could have hoped for and I credit Scott's tenacity and creative perseverance for the results.
    - Melissa R.
    "If you need a great attorney give Scott a call and have him represent you! You will not regret it!"
    Scott is such a great guy ! His love for his clients is genuine and with that being said he is an amazing fighter as well ! The prosecutor was trying to give me 9 month's and Scott would not accept that deal ! He kept fighting and pushing for a better deal and he got four month's knocked off and also got me ann extra month of time served credit towards my Sarasota case , He was also nice enough to drive an hour away to represent me in my Port Charlotte case as well , Another important thing that i want to mention is that when you call him he will call you back that same day that means alot to not only me but my family who was worried about my situation , Alot of these attorneys do not do that because all they cared about was getting your money , If you need a great attorney give Scott a call and have him represent you ! You will not regret it !
    - Robert B.
    "Not only did he get the outcome I wanted, but he also did it quickly and efficiently."
    He is well respected and will fight to see justice served.
    - Lyle T.
    "Scott got my driver's moving violation dismissed."
    Great result and Scott took his time to explain everything of how he would work the case!
    - Alex C.
    "Mr. Miller was extremely knowledgeable, able, and professional."
    He was a nice guy and a pleasure to work with!!!
    - Vincent G.
    "I highly recommend him."
    Mr. Miller called me back the same day and took the time to listen to my issue. He advised me accordingly and in a way I understood for the best outcome. Very thankful he was there to help. I highly recommend him.
    - Leanne L.
    "They never gave up."
    Not only was he able to quickly get a solution reached, but communication was consistent/efficient, and professional.
    - Jin H.
    "Scott was kind and straightforward."
    This is the place to come for help.
    - Andrea C.

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