Legal Question in Criminal Law in Florida
Can i be charged for breaking and entering when i just went to get my car from a friends house?
1 Answer from Attorneys
Florida does not define a crime as "breaking and entering." The charge you are referencing is Burglary. If it is alleged that you entered someone's place of residence, then it would be Burglary of a Dwelling, a second degree felony that scores prison on a sentencing guidelines score sheet. Burglary is roughly defined as entering or remaining within a place at a time when you have formulated an intent to commit a crime. If the place is a dwelling, then the State must show that the place they alleged the burglary took place in was someone's place of residence.
While retrieving your own property might explain your presence and could possibly impact the State's view of their case, it doesn't necessarily absolve you of criminal liability. That being said, in order to properly answer your question, additional information on the allegations against you are required. I would encourage you not to discuss things in an open forum such as this, as what you say might be seen by the State and used in their investigation/case against you.
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