If any part of your body enters the structure or conveyance, even a small part such as your hand, you can be found guilty of burglary. The Florida Jury Instructions for Burglary state, “You may infer the defendant had the intent to commit a crime inside a structure or conveyance if the entering or attempting entering of the structure or conveyance was done stealthily and without the consent of the owner.” The Florida Jury Instructions further clarify that, to be found guilty of burglary, the whole body of the defendant does not need to enter. However, intent, like any other element, can be proved using circumstantial evidence – evidence that is indirectly linked to the crime. Intent can be a tricky thing to prove since it involves the mental state of the defendant. Note that you do not have to actually commit the crime during the course of the burglary – the intent to commit a crime is all that matters. The intended crime can be anything other than burglary or trespass, so crimes like petit theft, arson, assault, kidnapping, criminal mischief, or any other crime meet the criteria for a burglary charge. What is Burglary?Ī person commits burglary when they enter a dwelling, structure, or conveyance with the intent to commit an additional crime. Have you been arrested for burglary? Call Thompson Law, P.A., today at (386) 280-4977 or contact us online to schedule a free consultation with our burglary lawyer in Daytona Beach & Deland. The circumstance surrounding the burglary determines the degree of the offense ( first, second, or third), and the punishments at stake if you are found guilty. Violations Of Probation And Violations Of Community Controlĭaytona Beach Burglary Attrorney Defending CLients Accused Of Burglary in Deland and Daytona Beachīurglary, as outlined by Florida Statute 810.02(1)(b), means to enter a dwelling, structure, or conveyance with the intent to commit an offense. Theft Enhancements - Second Degree Felony.Theft Enhancements - First Degree Felony.Possession Of A Firearm By A Convicted Felon.
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