![]() Removing tires, rims, and hubcaps does not constitute a portion of a car that could facilitate the entry of the car. As a side note here, what about theft of hubcaps? Assuming people still do this sort of thing, does stealing hubcaps constitute a burglary? The short answer is no, because removing a portion of a conveyance only constitutes burglary if the removed portion facilitates the commission of an offense within the conveyance. The most common burglary to a conveyance involves the breaking into a car to steal either a car radio, purse, or smart phone (who doesn’t bring their phone with them? If you leave out a brand new iPhone, don’t expect it to be there when you return). Florida law defines a conveyance as “any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car” noting that “to enter a conveyance includes taking apart any portion of the conveyance”. Sure, helping himself to a few squares of toilet paper would have been within the permission granted, but consent was limited to the first floor–his entry into a second floor bedroom supported a burglary of a dwelling charge.īurglary to a conveyance (car) has it’s own set of problems. In addition to using the bathroom, Gruver also went upstairs to a bedroom, helping himself to some jewelry. 5th DCA 2002), where Gruver was given permission to enter the victim’s house to use their first floor restroom. You with me so far? Good.Īt times, the purpose for which a person enters a building comes into play in determining whether or not a burglary has occurred. Last time I checked, a fenced area is not a structure with a roof, thus no entry to a structure, thus no burglary to a structure. entered a building or the curtilage of a building, there was only evidence that he entered a “fenced area”. The court overturned the burglary conviction because there was no evidence that R.G. was found guilty of burglary to a structure, because it was proven that he entered a fenced area and stole several golf carts. And, there’s plenty of issues surrounding the notion of “entry”. ![]() Yes, we lawyers will debate every single word. Thus, there was no intent to commit “another” crime when entering the business, thus no burglary. The court overturned his burglary conviction because the offense of “escape” had already occurred before he entered the building. Gaskin was charged with burglary for entering the business with the intent to commit escape. Soon thereafter, his Shawshank moment came to an end, and he was recaptured. He then fled into a business and locked himself in. Gaskin was being transported to court from the jail, and escaped the transport bus. To give you a good feel of how this “entry with intent to commit an offense” works, let’s examine the case of Gaskin v. ![]() Most of the time, the offense intended is theft. Yes, trespass is still a crime, but it takes a bit more to get to felony burglary status.īurglary requires not just “entry”, but also an “intent to commit an offense”. Entry With the Intent to Commit an OffenseĮntering a place you don’t belong is just a trespass. If you have been charged with this offense, you should make it a priority to get in touch with an Orlando burglary lawyer for help with building a solid defense.
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