Can I be accused of armed burglary with only my fingers on a window of the house ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 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 itself....is 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.