Can a defendant be charged with burglary of an “occupied” structure as opposed to “unoccupied” if they were lawfully in an open store which was also occupied by a store clerk and patrons but subsequently went into an “employees only” room and stole a certain amount of money?
The answer to this question depends on whether or not the “employees only” room was occupied by either store employees or even civilians. There exists a difference between the public store and the private “employees only” room. The later should be seen as a separate structure and subject to a different set of rules than the public structure.
Our Florida criminal defense law firm offers aggressive and skilled representation to individuals accused of Theft in Broward County. Speak to theft defense attorney William R. Moore 954-523-5333