Legal Question in Criminal Law in Florida

Burglary in Florida

If you enter a persons home while they are not present or without permission, why are you charged with burglary instead of breaking and entering in Florida? They make is sound as if you have stolen property.


Asked on 10/16/07, 7:27 pm

3 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Burglary in Florida

We dont have a crime called breaking and entering in FL. Burglary does not mean a property crime in any state. Theft would decribe a property crime.

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Answered on 10/17/07, 11:01 am
Philip Rosmarin Rosmarin Law Firm

Re: Burglary in Florida

Hey, in a state only just recovering from Jeb Bush, you're lucky they don't make it a capital crime.

Good luck, whether you broke and entered, or just...entered.

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Answered on 10/16/07, 7:49 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Burglary in Florida

Colo. law does not apply if offense occurred in Fla. In Colo. there is a presumption that if you break an illegal entry, your intent is to commit a crime therein. So, illegal entry + intent = burglary. You can rebut the preseumption.

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Answered on 10/16/07, 7:50 pm


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