28th Nov 2017
A criminal defense attorney in Fort Lauderdale is often tasked with the responsibility of explaining the nature of burglary charges against clients. Often, there may be a public misperception about this crime. A criminal defense attorney in Fort Lauderdale is prepared to explain the following details regarding burglary charges:
Florida’s burglary statute describes burglary as the act ofentering certain types of property while intending to commit a crime without permission from the owner of the property. This charge can also result when a person was lawfully on property but then this permission was withdrawn.
Whole Body Not Required
A person can be charged with burglary if the entirety of his or her body was not even inside the structure. However, the prosecutor is still tasked with showing the defendant’s criminal intent to convict the defendant. The jury can, however, infer intent based on circumstantial evidence, such as showing the defendant in possession of a weapon and a flashlight.
Defenses to Burglary
There may be potential defenses that a defendant can raise to these charges. For example, he or she may have had permission to enter the structure. Likewise, he or she could have thought the property belonged to someone else and had no intent of committing any unlawful act. A neighbor who reported the crime may have misidentified the defendant.
Being convicted of this crime can result in a charge of a second degree felony, which carries with it a potential sentence of 15 years imprisonment and a fine of $10,000.