South Florida Criminal Defense Lawyer Blog
In South Florida, to be charged with a burglary offense, the State of Florida needs to prove three elements.
First, the state needs to prove that the suspect entered a property that was legally owned by another individual. This means, for example, entering someone else’s home.
The second element the State of Florida needs to prove is that the entering was what is referred to as “wrongful entering”. By wrongful entering, the state means that the person was not welcome in the property.
The most important element is that prior to entering the dwellings of another human being, the individual accused of burglary had to had the intent to commit an offense.
In Fort Lauderdale, Palm Beach, Miami, and other regions in South Florida, the most common cases involve the wrongfully entering of the dwellings of another individual with the intent to commit theft.
It is important to know that the second element does not exist if you are invited to go into the property. If you enter a shop, or a social event, you are not wrongfully entering. In South Florida, the burglary statute also applies to the burglary of a conveyance, which includes motor vehicles.
If you, or someone you know, is being accused of committing burglary in the counties of Palm Beach, Broward, or Miami-Dade, you should call our office for a free consultation.