Thank you for asking me “Can I be Convicted of Burglary if I don’t actually enter the structure?”
“Curtilage” is the legal term for any enclosed area surrounding a structure, and if you unlawfully enter someone else’s curtilage WITH THE INTENT TO COMMIT A CRIME, even though you never actually made it into a structure within the curtilage, then you have still committed a burglary.
Confused? Me too.
Imagine a house on a nice tract of land, that is surrounded by a perimeter fence. Now imagine that inside of the fence is a house, a garage, a storage shed, a screened in pool, lots of lawn area… and imagine that you want to steal something from inside of that fenced-in area.
The moment that you enter the curtilage – meaning the moment that you breach the fence – even if only with the tippy tip of your pinky finger, you have technically committed a burglary.
The key here is that the curtilage must be clearly defined. If it isn’t, let’s say that there is no perimeter fence and instead there are just a few random trees or shrubs, then, regardless of your intent, you’d have to actually enter a structure or a conveyance to commit a burglary.
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
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