13th Sep 2016
Your South Florida criminal defense attorney will explain that before a prosecutor can convict you of burglary the prosecutor must establish that you have committed every element of the charge of burglary. These elements include that you entered a conveyance, structure or dwelling owned by another person with the intent to commit a crime therein. Some defenses that your South Florida criminal defense attorney may raise to this charge include:
If you entered the structure with the owner’s consent, this defense may be raised especially if that consent was never revoked. Even if the owner or the person in possession of the property did not give consent, but you mistakenly believed that he or she had, this can be a viable defense. Likewise, if the structure was open to the public, your defense attorney may raise the defense of implied consent.
Postponed Criminal Intent
The meaningful question in burglary cases is if you entered the structure with the intent to commit an offense at the time that you entered it. If you went into a structure with no ill intentions, burglary has not been committed.
If you never had any intent to commit a criminal offense other than to trespass onto the property, the crime of burglary has not been committed.
Since many burglary crimes are committed at night and if you were not caught in the act, the case may be resting on a witness’ identification of you. If the act was committed in the dark, the perpetrator was wearing dark clothes and there were other aspects that could lead to a mistaken identity, this defense may be raised.
There are many defenses that may apply to cases involving burglary charges. Be sure that you discuss these possibilities before you speak to law enforcement or agree to any plea deal.