What do you think of when you think of the crime of burglary? You probably think of a cat burglar sneaking his way into a home by night, maybe by slipping in through a window. Burglary, as most people understand it, is when someone illegally enters into a home or building and takes something that’s inside. However, in Florida, burglary is a lot broader than that. It can include almost any building, even a vacant building, and it can even include a structure or vehicle like a boat or car.
You don’t even have to steal something to be convicted of a burglary. If you just enter the space with the intent to commit a crime, you can be charged with burglary. A perpetrator doesn’t even have to go inside. Just sticking your hand through the window can constitute a charge of burglary.
There was one recent case in Florida where the perpetrators had planned to burglarize a home. All they did was walk onto the front porch of the home. They tried everything to get into the home, but they just couldn’t find a way in. Someone watching what they were doing called the police, and they were arrested just as they were leaving. They were charged with burglary though.
The lawyer tried to get the prosecution to dismiss the case, arguing that they didn’t even go inside. It wasn’t even covered by anything. However, the court denied the motion. They said the porch was part of the dwelling. Even though going onto someone’s front lawn probably wouldn’t constitute a burglary, this was different because it was attached to a house. There was a slight overhang from the roof that covered the majority of the porch, as well. The homeowner even kept some of his stuff out on the porch.
It’s not exactly clear what constitutes a burglary when a perpetrator doesn’t go into a home but does go on the property. The general rule is that the closer you get to the house, the more likely you might be charged with a burglary. It all depends on the unique set of circumstances though. Going onto the porch connected to a house is a little different than just walking onto the lawn, as you can see from the case we described here. A good rule of thumb is to just not even think about burglarizing a home. You could be charged even if you haven’t done anything serious.
If you are charged with a crime in Miami, call a criminal lawyer in Miami. A burglary charge can come with a serious sentence. It would be wise to call a Miami criminal law firm as soon as you’re charged. A Miami criminal attorney is going to know exactly what to do to make your punishment as light as possible. You’re not able to handle this all by yourself. You need a criminal lawyer in Miami to see you through it.