Serving Palm Beach and Broward County

Charged With Burglary? Contact Our Firm Today

If you or a loved one has been arrested for the criminal offense of burglary then contact experienced criminal defense attorney at Ledezma Law Firm. Although burglary charges are serious, important defenses exist to fight the charges. We fight these charges aggressively by filing motions to suppress evidence illegally seized by the police or motions to dismiss the charges for insufficient evidence.

In some cases, an officer might arrest a suspect found in possession of items recently stolen during a burglary. The officer might accuse the person of committing the burglary even though little evidence exists to support that accusation other than the possession of the recently stolen items.

The first 21 days after the arrest are critical because it is during that time period that the prosecutors with the State Attorney’s Office decide whether or not to file charges.

Call us today at (954) 670-7105 or (561)-454-9727 for a free consultation.


Burglary Of A Dwelling, Conveyance or Structure

Under Florida Statutes Section 810.02, “Burglary” is defined as:
Standard Jury Instructions for Burglary Charges
  • surreptitiously entering or remaining;
  • in a dwelling, structure or conveyance;
  • with the intention to commit an offense (other than trespass or burglary) inside of the dwelling, structure or conveyance;
  • at a time when the defendant is not licensed or invited to enter or remain; and
  • the area is not open to the public.
Under the Florida Burglary statutes, the term “dwelling” is defined as a building that people used as a shelter, lodging or home. The dwelling includes the porch of the home, and any buildings attached to it such as a garage. A dwelling can include a mobile home, RV, or tent. A “structure” is any building that has a roof and floor, and includes the buildings attached to it such as a garage. A “conveyance” most commonly refers to a car, truck or other motor vehicle, but it can also include a airplane, vessel or boat (anything used to transport people from one location to another).
The jury instructions for a burglary offense provide that the jury may infer that the defendant had the intent to commit a crime inside the structure or conveyance if he entered in a manner that was stealthily and without the consent of the owner or occupant.

In order to enter, the defendant’s entire body does not have to go inside of the structure, dwelling or conveyance, instead it is sufficient if any part of his body goes inside, including a hand.

The intent to commit a crime therein looks at the operations of the defendant’s mind which is not always capable of direct and positive proof. Therefore, the prosecutor is allowed to attempt to establish evidence of intent by the use of circumstantial evidence.


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