Theft and Burglary Cases

Theft and Burglary Cases

Many people are surprised to find themselves charged with burglary.  Their first reaction is “I didn’t break in, and I didn’t take anything.” 

The crime of burglary in Florida broad.  Burglary is committed by:

  • Unlawfully entering a structure or conveyance, and
  • At the time of entering, there was the intent to commit an offense in that structure or conveyance.

An offense is not limited to theft.  The offense can be anything other than trespass, such as fleeing an officer or assault.

Unlawfully entering can mean going into a place that is not open to the public at the time, such as an “Employees Only” section, entering a structure or conveyance without an invitation, or even staying after your invitation to enter is taken back.  Entering by trickery or fraud is unlawful.  And, merely extending a hand or foot can qualify for an illegal entry.

A structure isn’t limited to a building or house – it includes the cartilage, which is any enclosure such as a fence, around the structure.

The key to a burglary defense is usually the intent to commit a crime.  Intent can be proven by circumstantial evidence, and an experienced criminal lawyer can help you mount a defense to this crime.
 
The punishment can be severe, especially if there are aggravating factors such as carrying a gun, dangerous weapon, or an injury to a person occurred.  Your freedom is at stake – contact us today for a free, no obligation consultation.