Posted On: March 18, 2011

Burglary in Florida..Seeking an Understanding of the Law

Always begin by reading the jury instructions. Florida jury instructions are online and can be found by a simple Google or Bing search. All my clients read jury instructions with me at our first intake meeting. Burglary is a two-part crime: that means there are two separate crimes that must exist before the government can seek a conviction. First there must be a trespass and concurrent with the trespass a criminal act. If I walk across your property and then leave, it is a simple misdemeanor: trespass. If while walking across your property I take your bicycle, then I have committed a theft. Burglary is trespass plus another crime. It's simple yet complex: a trespass is an intentional act, and theft is an intentional act. Both intentional acts require the State prove intent (knowing what you are doing and intending to do it)....so intent is always an element of both charges. If you have more questions about burglary contact your South Florida criminal defense attorney. Remember the more you know the more you can protect yourself from aggressive prosecutors, of which we are mightily blessed here in Miami, Fort Lauderdale and South Florida.