26th Jul 2016
The first step of many criminal defense attorneys in Fort Lauderdale is to review the particular statute for which their client is facing prosecution. This helps the criminal defense attorney in Fort Lauderdale look specifically to the legal issues involved in the case. He or she can explain to the client that a conviction cannot result unless the prosecution can show that each element of the crime was committed by proof beyond a reasonable doubt. Absent in showing, the defendant should be found not guilty.
The first element of burglary under Florida’s law is that the defendant enters a dwelling, structure or conveyance with the intent to commit a crime. This element is not established if the defendant had permission to enter the structure or if the location in question was open to the public. However, if the defendant no longer has permission to remain in the structure, he or she can be found guilty of burglary if he or she stays in the structure and has the intent to commit a crime. The intent to commit a crime is necessary for conviction.
The degree for which the defendant is charged is based on the particular circumstances involved in the case. For example, if the defendant used a motor vehicle to damage the structure, assaulted someone, used a deadly weapon or caused significant damage, a more serious charge may lie. A criminal defense attorney can evaluate the particular circumstances involved in the case in order to explain the defendant’s rights and options to him or her.