I never intended to go to the house in question. I was only crossing the yard from the backyard trying to shortcut to the main highway when I saw the patio door open. So I walked in because I saw the kitchen refrigerator was in plain view. I was simply just wanting to look in the kitchen, not necessarily wanting to eat or drink anything. Do I have a possible defense and can the charge be reduced?
No, being hungry is not a defense to burglary. However, burglary requires the state to prove not only that you trespassed, but that your u had an intent to commit another crime while inside. That will be dependent on other facts your case and statements that you may have made.
Burglary of a dwelling is a second degree felony. You need a lawyer.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
In FL, burglary is “the unlawful entry into another’s property with the intent to commit a crime therein.”
The most basic form of burglary is an unoccupied burglary of a structure or a conveyance.
This is a 3 degree felony which is rd punishable by up to 5 years in state prison. If the structure or conveyance is occupied at the time of the burglary then it is a 2nd degree felony, which is punishable by up to 15 years in state prison.
Unoccupied burglary of a residence (as opposed to a mere structure or a conveyance) starts as a 2nd degree felony (which is punishable by up to 15 years in state prison), but if the residence is occupied then the crime is a 1 degree felony punishable by up to 30 years in state prison.
The intent to steal food is theft, and if that was your intent at the time that you entered the home then that is a legally sufficient underlying crime for you to have committed a burglary.
This question (your question) is an admission (a confession). The best thing that you can do is to get offline, stop proffering facts that can be introduced into evidence against you and do not discuss the case with anyone other than your lawyer (whether private or a PD).
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Your admission contradicts the defense you propose. If you were hungry, certainly you wanted to eat what you were so curious to see in the kitchen. Going into someone else's house without permission and taking a single bite of somebody else's food is burglary. Prosecutors have a great deal of discretion. If there is independent evidence that you were genuinely motivated by hunger, you could garner some sympathy from the victim and/or the State unless, of course, they read this post. Good luck.
This Q&A forum is no substitute for a personalized, private conversation concerning your situation. This response is a general answer to a question posed by an unidentified person. It is not intended to and does not create an attorney-client relationship.
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