Burglary of a dwelling also occurs when a person enters an abandoned home and intentionally breaks something inside the home, even when no theft occurred. Entering a screen cage or open garage and stealing something can also constitute a burglary in Sarasota, Florida. Why? Because the definition of dwelling includes the non-enclosed curtilage or surrounding area of the home. In fact, just the act of going onto someone’s porch and stealing a recently delivered package that is just sitting on the stoop is sufficient to be charged with burglary of a dwelling. What if the door was open and nothing was broken? It doesn’t matter, you can still be charged with burglary. Under this scenario, a person who legally enters an open business, for example, and then hides in the store until it closes and steals something, would be charged with burglary of a structure. Burglary can also occur if a person has permission to enter a dwelling, structure or conveyance and then hides inside with the intent to commit an offense within, usually after everyone else leaves. The classic burglary of a dwelling or breaking and entering occurs when a person enters another person’s house or dwelling without their permission to steal something from inside the home. A conveyance is any motor vehicle, ship, vessel, trailer, aircraft, or railroad car. Structure means a building of any kind which has a roof over it, and also includes the curtilage or area immediately surrounding the structure. The definition of dwelling also includes the curtilage or area surrounding the home. Dwelling is defined as a building of any kind, which has a roof over it and is designed to be occupied by people lodging within, at night. In Florida, burglary means entering or remaining in someone’s property (dwelling, structure or conveyance) with the intent to commit another offense within that property. Burglary of a Dwelling, Structure, or Conveyance
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |