ESCOBAR AND ASSOCIATES ANNOUCEMENT REGARDING COVID-19

Escobar and Associates Attorneys at Law remains open during the COVID-19 Coronavirus pandemic. Legal services are defined as “essential” within the Stay at Home Order executed by Florida Governor, Ron DeSantis. We remain committed to providing uninterrupted legal services to all clients. We also remain dedicated to the health and safety of our clients and staff. Within the office, our firm has already implemented protocols to keep clients and staff safe during this crisis. We understand as criminal defense attorneys how crucial it is for our attorneys and staff to remain available 24 hours a day, seven days a week to provide legal services for clients in need.

Your pursuit of justice starts here!

Speak to an attorney 24 hours a day free consultations

Email Us & Get Help
Today

How can you be charged with burglary when nothing is missing?

| Mar 13, 2020 | Firm News

From childhood, you may remember cartoon characters wearing striped shirts, newsboy caps and black masks. They usually carried a large sack of stolen items on their backs and found comical ways to slip unseen into dark homes to steal what they wanted. Anyone seeing them would cry, “It’s a burglar!” and call the police.

While the old cartoons show burglary as something slapstick and light, you may not feel like laughing if police have arrested you for burglary. Additionally, you may feel confused and have many questions, especially authorities have not accused you of stealing anything.

Elements of the crime

A misconception of burglary is that it is a crime that involves breaking into someone’s home and stealing something from inside. However, this is only partially correct. Burglary is different from robbery. In fact, the following are the elements a prosecutor must prove to convict you of burglary:

  • That you broke into a structure without permission and entered it
  • That the building you broke into sheltered people, property or animals
  • That your intention when you entered the structure was to commit a crime, such as stealing, even if you did not follow through with the crime

It may not be as easy as you think to prove each element of burglary. For example, you must physically enter the property to satisfy the breaking-in element. Whether authorities believe you broke in by force or gained entry through some method of fraud, they must show that at least part of you, such as your hand or head, entered the building.

Proving intent to commit a crime

The prosecutor must demonstrate to the jury that you broke into an occupied structure with the intent to commit a crime separate from the burglary. This may be the most difficult to prove. Additionally, authorities must prove when you formed your intent to commit the crime. For example, if someone plans to commit a crime before breaking into a building, he or she may face a burglary charge of a more serious degree. Deciding to steal or vandalize after gaining entry may be a lesser burglary charge.

In Florida, burglary is a felony, so even a lesser charge may carry substantial penalties for a conviction. If you are facing burglary charges, you would be wise to protect your future by seeking legal representation before answering any questions from police or others.

  • Martindale-Hubbell | Top rated lawyer in Tampa | Richard Escobar | For Ethical Standards and Legal Ability | Martindale-Hubbell Top rated lawyer
  • Top Lawyers 2016 | Richard Escobar
  • Top Lawyers 2016 | Dino Michaels
  • Highest Possible Rating in Both Legal Ability & Ethical Standards | AV |AV Preeminent | Richard Escobar | 2016
  • Judicial Education | AV | AV Preeminent | Richard Escobar | 2016
  • CLIENT | DISTINCTION AWARD | Dino mike Michaels, Esq. | Recognized for Excellence | Quality of Service | Overall Value | Responsiveness | Communication Ability
  • 15 | YEAR | Anniversary | Proudly Serving | the Community | Since 2001 | Dino Mike Michaels
  • 10 Best 2018 | Richard Escobar | Client Satisfaction | American Institute Of Criminal Law Attorneys

Archives

Email Us & Get Help
Today

FindLaw Network