Burglary of a Dwelling or Conveyance or Structure Overview
Broward County Criminal Defense Attorneys are standing by to answer any questions that you may have about your criminal charges
According to Broward County criminal defense attorney William Moore, there are two separate statutes for burglary – offenses committed on July 1, 2001 or before that date and offenses committed after July 1, 2001. Since most people who have committed burglary prior to July 1, 2001 have done their time or were acquitted, we are only defining offenses committed later than July 1, 2001.
To be charged with burglary in Broward County you must enter a dwelling, structure or conveyance intending to commit a crime, unless the premises are open to the public at the time of entry. If the structure is not open to the public at the time you enter it (whether it is a public dwelling that is closed or a private residence) you must remain inside with the intention of commiting an offense. If you were asked to leave and you remain inside intent on commiting an offense or if you attempt to or commit a forcible felony, you can be charged with burglary.
A forcible felony may be an act of murder, treason, sexual battery, manslaughter, carjacking, burglary, home-invasion robbery, kidnapping, arson, aggravated assault, aggravated stalking, aggravated battery, aircraft piracy, unlawful discharging, placing, or throwing of bombs or destructive devices, and other felonies involving the use of or threat of physical force against a person.
Burglary is a first-degree felony and may be punishable by up to 30 years or life imprisonment and/or a fine of up to $10,000.
Broward County criminal defense attorneys point out that there are certain additional crimes you can commit while committing a burglary that require mandatory sentencing:
1. Assault or battery on a person;
2. Person is armed with explosives or dangerous weapons; and/or
3. If a vehicle (other than vehicle used to leave the scene) is used in the commission of the burglary or you cause damage in excess of $1,000
A burglary is a second-degree felony when you commit a burglary and:
1. Assault or battery is not committed during the burglary;
2. If you are not armed with dangerous weapons or explosives and do not become so during the burglary;
3. If you enter empty dwellings, structures or conveyances or authorized emergency vehicles during the burglary.
A second-degree felony is punishable by imprisonment of up to 15 years and/or a $10,000 fine.
Broward County Criminal Defense Attorneys Update - If you commit any burglary during a state of emergency (as declared by Florida's Governor), that burglary is considered a burglary in the first degree.
Broward County Criminal Defense Attorneys & Common Law Burglary
At common law, "burglary" was defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.It is a crime primarily involving the invasion of the possessory property rights of another. Its essential elements are (1) entering or remaining in (2) a structure or conveyance (3) with the intent to commit an offense therein.
By statute, for offenses committed on or before July 1, 2001, burglary means entering or remaining in a dwelling, a structure, or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.Whether a certain area is open to the public, a fact which if established does not support a burglary conviction, is generally a jury question.
For offenses committed after July 1, 2001, "burglary" means:
(1) entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
(2) notwithstanding a licensed or invited entry, remaining in the dwelling, structure, or conveyance:
(a) surreptitiously, with the intent to commit an offense therein;
(b) after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
(c) to commit or attempt to commit a forcible felony.
Broward County Criminal Defense Attorneys Define Burglary Statute
The burglary statute defines the crime in alternative ways: one way is by stealthily breaking and entering the premises with an intent to commit an offense within; the alternative way is to stealthily remain in the premises after first being admitted consensually and only after being first admitted form the intent to commit an offense in the premises. Furthermore, a conviction for the crime of burglary of a dwelling requires proof of (1) knowing entry into a dwelling, (2) knowledge that such entry is without permission, and (3) criminal intent to commit an offense within the dwelling. For instance, in a burglary prosecution, proof of entering a structure by fraud or deceit may be considered to show that the entry was without the consent of the owner or occupant and may justify the finding that the act of entering was with the intent to commit a crime which would thereby constitute a burglary; the rationale for this is that consent to enter by fraud or deceit is actually no consent at all and, therefore, the entrance is unauthorized.
Even though the burglary statute does not in express terms proscribe the conduct which constitutes burglary, the statute taken as a whole is adequate to apprise persons of common understanding that the described conduct is forbidden. Thus, it is not unconstitutionally vague.
The legislature has also stated that consent remains an affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence, and, that, in order for a burglary to occur, it is not necessary for the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously.
An attempted burglary involves a person who attempts, but fails, to gain entrance to a dwelling, structure, or conveyance.
The Broward County Criminal Defense Attorneys are available to answer any questions that you may have regarding the offense of Burglary. Please call any of our South Florida Offices today for more information on defending against burglary charges.
County Criminal Defense Attorneys - Burglary
According to Broward County criminal defense attorney William Moore, there are two separate statutes for burglary – offenses committed on July 1, 2001 or before that date and offenses committed after July 1, 2001. Since most people who have committed burglary prior to July 1, 2001 have done their time or were acquitted, we are only defining offenses committed later than July 1, 2001.
To be charged with burglary in Broward County you must enter a dwelling, structure or conveyance intending to commit a crime, unless the premises are open to the public at the time of entry. If the structure is not open to the public at the time you enter it (whether it is a public dwelling that is closed or a private residence) you must remain inside with the intention of commiting an offense. If you were asked to leave and you remain inside intent on commiting an offense or if you attempt to or commit a forcible felony, you can be charged with burglary.
A forcible felony may be an act of murder, treason, sexual battery, manslaughter, carjacking, burglary, home-invasion robbery, kidnapping, arson, aggravated assault, aggravated stalking, aggravated battery, aircraft piracy, unlawful discharging, placing, or throwing of bombs or destructive devices, and other felonies involving the use of or threat of physical force against a person.
Burglary is a first-degree felony and may be punishable by up to 30 years or life imprisonment and/or a fine of up to $10,000.
Broward County criminal defense attorneys point out that there are certain additional crimes you can commit while committing a burglary that require mandatory sentencing:
1. Assault or battery on a person;
2. Person is armed with explosives or dangerous weapons; and/or
3. If a vehicle (other than vehicle used to leave the scene) is used in the commission of the burglary or you cause damage in excess of $1,000
A burglary is a second-degree felony when you commit a burglary and:
1. Assault or battery is not committed during the burglary;
2. If you are not armed with dangerous weapons or explosives and do not become so during the burglary;
3. If you enter empty dwellings, structures or conveyances or authorized emergency vehicles during the burglary.
A second-degree felony is punishable by imprisonment of up to 15 years and/or a $10,000 fine.
Broward County Criminal Defense Attorneys Update - If you commit any burglary during a state of emergency (as declared by Florida's Governor), that burglary is considered a burglary in the first degree.
Broward County Criminal Defense Attorneys & Common Law Burglary
At common law, "burglary" was defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.It is a crime primarily involving the invasion of the possessory property rights of another. Its essential elements are (1) entering or remaining in (2) a structure or conveyance (3) with the intent to commit an offense therein.
By statute, for offenses committed on or before July 1, 2001, burglary means entering or remaining in a dwelling, a structure, or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.Whether a certain area is open to the public, a fact which if established does not support a burglary conviction, is generally a jury question.
For offenses committed after July 1, 2001, "burglary" means:
(1) entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
(2) notwithstanding a licensed or invited entry, remaining in the dwelling, structure, or conveyance:
(a) surreptitiously, with the intent to commit an offense therein;
(b) after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
(c) to commit or attempt to commit a forcible felony.
Broward County Criminal Defense Attorneys Define Burglary Statute
The burglary statute defines the crime in alternative ways: one way is by stealthily breaking and entering the premises with an intent to commit an offense within; the alternative way is to stealthily remain in the premises after first being admitted consensually and only after being first admitted form the intent to commit an offense in the premises. Furthermore, a conviction for the crime of burglary of a dwelling requires proof of (1) knowing entry into a dwelling, (2) knowledge that such entry is without permission, and (3) criminal intent to commit an offense within the dwelling. For instance, in a burglary prosecution, proof of entering a structure by fraud or deceit may be considered to show that the entry was without the consent of the owner or occupant and may justify the finding that the act of entering was with the intent to commit a crime which would thereby constitute a burglary; the rationale for this is that consent to enter by fraud or deceit is actually no consent at all and, therefore, the entrance is unauthorized.
Even though the burglary statute does not in express terms proscribe the conduct which constitutes burglary, the statute taken as a whole is adequate to apprise persons of common understanding that the described conduct is forbidden. Thus, it is not unconstitutionally vague.
The legislature has also stated that consent remains an affirmative defense to burglary and that the lack of consent may be proven by circumstantial evidence, and, that, in order for a burglary to occur, it is not necessary for the licensed or invited person to remain in the dwelling, structure, or conveyance surreptitiously.
An attempted burglary involves a person who attempts, but fails, to gain entrance to a dwelling, structure, or conveyance.
The Broward County Criminal Defense Attorneys are available to answer any questions that you may have regarding the offense of Burglary. Please call any of our South Florida Offices today for more information on defending against burglary charges.
