Burglary is defined as the entering into a structure with the intent to commit an offense inside that structure. That structure can be a house, a garage, a porch or any other fenced in or clearly marked private property. It is the prosecutor's obligation to prove beyond a reasonable doubt that the accused had a fully formed, conscious intent to commit an offense at the moment of entering. If no such intent was present at the time of the entering, the offense would drop to a trespass. The offense of Burglary is a second degree felony punishable by up to 15 years.

Criminal Defense Attorney Bijan Sebastian Parwaresch has learned in his years as a Miami prosecutor how the State attempts to investigate and prove burglary cases. This experience coupled with more than a decade of defending burglary cases has made attorney Parwaresch to one of the most sought after defense lawyers in this area of law.

Using aggressive discovery and pretrial motion practice, attorney Parwaresch has resolved hundreds of burglary cases with no jail time and no criminal record. On the other hand, if a prior criminal record for similar offenses exists, attorney Parwaresch often takes these cases to trial. Under the criminal punishment code a simple burglary can score a minimum jail time of 21 month. Therefore the Judge can not make a non jail offer on this type of an offense. There is a big difference in the calculation of a possible sentence depending on whether the structure or house was occupied by other persons at the time of the offense. Occupied burglaries as they are called, are being prosecuted much more aggressively investigated and prosecuted. Especially in these most serious accusations, your best line of defense is an experienced and well connected defense lawyer tirelessly working on your behalf.

In domestic situations, often times an accused is permitted to enter the property initially but after a disagreement, permission to remain in the structure is allegedly revoked at some later time. In these frequent situations, prosecutors have to rely on circumstantial evidence to demonstrate the withdrawl of consent to enter by the home owner. If allegations are being made against you in regards to burglary charges or if you have been arrested for such an offense, call or email Miami based Criminal Defense Lawyer Bijan Sebastian Parwaresch to discuss your legal defense options.