10th Sep 2020
An experienced criminal defense attorney in Fort Lauderdale can explain that burglary is one of the most serious offenses in the state, potentially leading to life behind bars if you are convicted. A criminal defense attorney in Fort Lauderdale can hold the prosecutor to the highest-burden of showing proof beyond a reasonable doubt of all of the essential elements of the crime, including:
Building, Structure, or Conveyance
The prosecutor must be able to prove that you entered a dwelling, structure, or conveyance, which have the following legal meanings:
- Dwelling – A dwelling is a building that has a roof over it and is designed to be occupied by people.
- Structure – A structure is any kind of building with a roof over it.
- Conveyance – A conveyance is a mode of transportation, including a car, ship, railroad car, trailer, or aircraft.
Without Consent to Enter
The prosecutor must also be able to show that you entered the structure without consent. Your lawyer may argue that you were given consent by someone to enter and that consent has not reneged or that someone you thought had the authority to give consent gave you this consent. Or, if you were inebriated, you may think you were entering your own home or somewhere you had a right to be but were mistaken.
Intent to Commit a Crime
Finally, even if you were not on property that belonged to you and did not have consent, the prosecutor must be able to show that you intended on committing a crime once you were inside the building. If you did not have criminal activity in mind, the prosecutor would probably not be able to prove this element.