QUESTION
If you are charged with first degree burglary and go to trial, does the jury have to find you guilty?
Asked on Nov 12th, 2012 on Criminal Law - Florida
More details to this question:
He kicked in door to get stolen property back but didn’t find it there. He took nothing from the home where he kicked in the door. He is being charged with burglary.
12 ANSWERS
Gary Moore
No.
Answered on May 21st, 2013 at 12:29 AM
John J. Carney
You are not allowed to take the law into your own hands and attempt to recover stolen property. There is not justification to break into a home just because you believe that your property might be there. Your lawyer will advise you to plead guilty since you cannot win the trial.
Answered on Nov 15th, 2012 at 11:46 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your questions is confusing. If the D.A. proves the charges by proof beyond a reasonable doubt, the jury will probably return a guilty verdict. If the D.A. doesn't prove the charges by proof beyond a reasonable doubt, the jury should return a not guilty verdict.
Answered on Nov 15th, 2012 at 11:45 PM
Michael J. Breczinski
He was going in to get his own property back? That could be a defense. It is called claim of right.
Answered on Nov 15th, 2012 at 5:34 AM
Yes, and the verdict has to be unanimous (12-0 either way).
Answered on Nov 14th, 2012 at 3:54 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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A burglary is "breaking and entering" into a building or a residence with the specific intent to commit larceny or any felony inside. In other words, what matters is the person's intent at the time they broke in, not whether or not they actually succeeded in the theft. If the stolen property was actually his property, then that may help in defending the case. But generally speaking, you are not legally entitled to "self-help" when someone has taken your property. In other words, you can't break into other's houses to take things, even if they belong to you. Calling the police is the way to solve that problem.
Answered on Nov 14th, 2012 at 3:54 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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In Washington, to be convicted of Burglary 1, they have to prove that you unlawfully entered a building with the intent to commit a crime therein, and either assaulted someone inside or were armed wit ha deadly weapon.
Answered on Nov 14th, 2012 at 3:53 PM
No, the jury can find the defendant "not guilty" after hearing the evidence if the jury is not convinced beyond a reasonable doubt that he is guilty In order to find him "guilty," each juror must be convinced beyond a reasonable doubt. If there is no evidence that he intended to steal another person's property from the home, he should consider going to trial.
Answered on Nov 14th, 2012 at 3:51 PM
1 Award
A jury could find the person guilty, but they don't "have to." To find him guilty, they would have to believe he kicked in the door with the intent to commit a felony inside. If the jury doesn't think he intended to commit a felony inside, then it would be the lesser charge of breaking and entering.
Answered on Nov 14th, 2012 at 1:04 PM
Thomas Edward Gates
You need to look at the elements of burglary. It was his intent entering the property that counts, not whether he was successful in taking anything.
Answered on Nov 14th, 2012 at 11:23 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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the jury decides whether or not the defendant is guilty based upon the evidence or lack thereof.
Answered on Nov 14th, 2012 at 11:01 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He needs an attorney. The jury must find you guilty. But in most cases there is a plea bargain and no jury is needed when a defendant admits guilt. Sometimes you just have to take the case to trial.
Answered on Nov 14th, 2012 at 10:16 AM