Jacksonville Burglary Lawyer (Dwelling, Structure, Conveyance, Armed, with Assault & Battery)

Burglary is defined in Florida Statute Section 810.02.  In order to prove that you are guilty of a burglary, the State must prove: 

• You entered a:
• structure, or
  
• conveyance,

owned by or in the possession of the victim, and

• at the time of entering the structure or conveyance, you had the intent to commit a crime in that structure or conveyance.

*   If you allege that you had an invitation or license to enter, the State must prove that you were not licensed or invited to enter the structure or conveyance, or the premises was not open to the public at the time of the entering. 

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A "structure" is any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. 

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A "conveyance"is any motor vehicle, ship, vessel, railroad car trailer, aircraft or sleeping car.

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A "dwelling" is a building or conveyance of any kind, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.  It includes an attached porch or attached garage. 

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It is also the crime of burglary if you had permission or consent to enter the structure or conveyance owned by or in the possession of another person, but after entering, you remained there:

• surreptitiously and with the intent to commit a crime inside the structure or conveyance,
  

• after permission to remain had been withdrawn and with the intent to commit a crime inside the structure or conveyance, or
  

• with the intent to commit or attempt to commit a forcible felony inside the structure or conveyance. 
  

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A jury can convict you of burglary if you have possession of recently stolen property taken during a burglary based solely on your possession of that property, unless you have a reasonable explanation that the jury believes.  So if you were walking down the street with a television, and a home owner testifies that he had left his house 5 minutes before the burglary, and a police officer stops you 10 minutes after the homeowner left the house, your possession of that stolen television may be enough for a conviction. 

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