Can I be accused of armed burglary with only my fingers on a window of the house ?

Asked on July 24, 2015 under Criminal Law, Florida


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The state can "accuse" you of anything they feel fits the facts of any case.  However, at the end of the day, they still have to meet their burden of proof.  Fingers on a window.... by not generally enough to support a conviction for burglary.  However, there are exceptions depending on what other details the state can tender.  For example, if they can prove one person was on the inside of a home and one was on the outside... the person on the outside can be charged and convicted for the same conduct as the person who actually entered the home.

If the state cannot prove the offense was completed (i.e. actual entry), then they could still potentially obtain a conviction for attempted burglary. 

Everything is fact specific.  If you think there is something that your current defense attorney is overlooking, considering arranging for a consultation with a different defense attorney to get a different perspective. 

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