Thank you for asking me “What is Burglary in FL?”
In FL burglary can be charged in many ways, but, in it’s most basic form, burglary is “the unlawful entry into the property of another with the intent to commit a crime while inside”.
You can burglarize pretty much anything (a home, a business, a storage facility, a car, a boat… any structure or conveyance), but the key to a burglary is that you must have had the intent to commit a crime when you entered.
To be found guilty of burglary the State will have to prove that you had intended to commit a specific crime once you entered the structure or conveyance. It’s important to note that intent is “an operation of the mind” and, therefore, it’s not always capable of direct and positive proof, so the law is gonna permit the State to try to establish your intent by way of circumstantial evidence.
To be found guilty of burglary you don’t have to either actually enter or do anything inside of a structure or conveyance; a burglary charge can be sustained if any part of your body, even a pinky finger, enters… provided of course that the State can establish your specific intent to commit a crime once inside.
A common defense to burglary is that you were permitted to be in the structure or conveyance and that you therefore were not inside unlawfully (for instance you were invited, or you were a renter). But even a property owner can be convicted of burglary (for example where the property is rented but the owner enters without permission with the intent to commit a crime).
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
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Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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