Usually this is proven by showing that a person entered the dwelling stealthily. One of the elements necessary to support a conviction for Burglary is the intent to commit a crime inside. Under such circumstances a defendant cannot be convicted of burglary of a dwelling just because the other people were unaware you were authorizes to enter or use the dwelling. Ĭonsent is usually raised when there are multiple people who use the dwelling, one of whom gave you consent to enter or use the dwelling. But once evidence of consent is presented, the prosecutor must disprove the consent to enter the dwelling beyond a reasonable doubt.
A defendant has the burden to offer evidence of consent. ConsentĬonsent to enter is not an element of Burglary, but is an affirmative defense to the crime. Under such circumstances, simply being present with the first person is insufficient to convict the second person with burglary or trespass unless the second person consciously did some act or said some word that incited, caused, assisted, or encouraged the first person to commit the illegal act. If caught, law enforcement will often charge the second person who stood by and watched the first person commit the illegal activity as an accomplice, assuming the second person was acting as a lookout.
BURGLARY OF AN UNOCCUPIED CONVEYANCE TRIAL
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Burglary include: Bystanderįrequently, when two people (usually juveniles) are walking, one of the people will spontaneously decide to engage in illegal activity, such as entering an abandoned home or a closed business. The penalties for the crime of Burglary depend on which type of Burglary you are charged with: There are three categories of Burglaries in Florida: Under Florida Statute 810.02, the crime of Burglary is defined as unlawfully entering a dwelling, structure, or conveyance or remaining inside a dwelling, structure, or conveyance surreptitiously or remaining in a dwelling, structure, or conveyance after permission to remain has been withdrawn with the intent to commit a crime inside. Burglary in Florida There are three categories of Burglaries in Florida.
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