Brown, Suarez, Rios & Weinberg, P.A.
Free Initial Consultation | Se Habla EspaƱol
Attorney On Call 24/7 239-337-9755

Were you surprised by a burglary charge?

If you have recently faced a criminal charge for burglary, you may feel immensely surprised by the allegation. Your situation may have simply been one of your being in the wrong place at the wrong time or of someone having the wrong idea about your intentions. Nonetheless, you now face a serious legal predicament that could have immense impacts on your future if a conviction takes place.

Fortunately, you have the opportunity to create and present a criminal defense against the charge. In order to do so effectively, you may first want to fully understand the allegation that has been brought against you.

Burglary vs robbery

First, you may want to understand that a difference does exist between burglary and robbery. Many people tend to lump the two crimes together, but one can take place without the other. When it comes to robbery, force or fear must have been used in order to take property that did not belong to you.

In general, no victim is present at the time of a burglary or at least the alleged burglar does not intend to cause harm. Additionally, you do not need to take items in order for a burglary to have occurred.

Elements involved with a burglary

With a burglary, three main elements are generally present, including:

  • Unauthorized breaking and entering
  • Entering a building or other occupied structure
  • Having the intent to carry out a crime inside the building or structure

In relation to the breaking and entering element, actual or constructive breaking could come into play. Actual breaking would involve you using some type of physical force, like kicking a door or simply pushing it open. Constructive breaking does not involve physical force but uses other means to gain entry, like threats or blackmail.

Additionally, you must have intended to carry out a crime inside the building, and that crime does not have to involve theft. Furthermore, though breaking and entering is a crime itself, the intended crime must have been separate from the break-in.

Your defense

Depending on the specific details of the incident that lead to the charges you currently face, you may have a variety of defense options. In order to come up with the best tactics for your case, you may wish to consult with a Florida attorney about your options.

No Comments

Leave a comment
Comment Information
EMAIL US FOR A RESPONSE

Start By Discuss Your Case With An Attorney

Please Let Us Know Your Legal Circumstances

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Fort Myers Office
1532 Jackson St.
Fort Myers, FL 33901-2911

Phone: 239-337-9755
Fax: 239-337-9756
Fort Myers Law Office Map

Naples Office
3375 Tamiami Trail E
Suite 400
Naples, FL 34112

Phone: 239-963-9141
Fax: 239-337-9756
Map & Directions

Arcadia Office
4 W. Oak St.
Suite D
Arcadia, FL 34266

Phone: 863-494-5550
Fax: 863-494-5721
Arcadia Law Office Map

Sarasota Office
2075 Main St.
Suite 34
Sarasota, FL 34237

Phone: 941-575-8000
Fax: 941-575-8888
Map & Directions

Punta Gorda Office
265 E. Marion Ave.
Suite 114
Punta Gorda, FL 33950

Phone: 941-575-8000
Fax: 941-575-8888
Punta Gorda Law Office Map