In Florida, burglary is a felony offense, and there are specific criteria for determining the degree of felony charge. Here too the severity of the crime will depend on whether the vehicle was occupied or unoccupied at the time of the crime. Burglary of a Conveyance: As the name suggests, this is burglary in a motor vehicle.The severity of the crime will depend on whether the structure was occupied or unoccupied at the time of burglary. Usually this burglary is also referred to as business burglary, as the place broken into is a commercial establishment, like a shop or a store. Burglary of a Structure: This means burglary in non-residential premises.The term dwelling may include home, a garage attached to the house, railroad car, trailer, aircraft, inhabited space of a building, and even a warehouse where somebody is residing. The residence could be occupied or unoccupied at the time of the crime. Burglary of a Dwelling: This means burglary in a home or residential premises.Types of Burglariesįlorida law differentiates the forms of burglaries by considering where the crime has taken place. If you were asked to leave and you remain inside intent on committing an offense or if you attempt to or commit a forcible felony, you can be charged with burglary.Ī forcible felony may be an act of murder, treason, sexual battery, manslaughter, carjacking, burglary, home-invasion robbery, kidnapping, arson, aggravated assault, aggravated stalking, aggravated battery, aircraft piracy, unlawful discharging, placing, or throwing of bombs or destructive devices, and other felonies involving the use of or threat of physical force against a person. If the structure is not open to the public at the time you enter it (whether it is a public dwelling that is closed or a private residence) you must remain inside with the intention of committing an offense. In order to be charged with burglary you must enter a dwelling, structure or conveyance intending to commit a crime, unless the premises are open to the public at the time of entry. Merely establishing criminal intent is enough for making an arrest under a burglary charge.Ī recent survey of the most qualified Burglary Defense Lawyers in Broward County tends to establish that although not required, the failure of law enforcement to provide evidence of theft is devastating to the Prosecutions case. Secondly, the accused does not have to be caught in the criminal act of stealing and so on, to be charged with burglary. Hence, for a burglary charge it is important for the prosecution to prove that the accused intended to commit some crime like theft, criminal mischief, or vandalism and so on. When it is proved that the person did not have permission or a legal right to be on the property or vehicle, but if the intention to commit any crime is absent, then the charges will be for trespassing and not burglary. The intention of the accused was to commit a crime inside the premises or vehicle.The accused entered or stayed on in the house, building or conveyance.The accused did not have a legal right or permission to be in the dwelling (residence), structure or conveyance.Hence, to prove the charge of burglary the prosecution has to establish: This excludes premises that are meant for the public and if the person is invited or licensed to enter the premises. Florida statute 810.02 defines burglary as entering or staying on in a residential place, structure, or conveyance with the intent of committing some offense.
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