Burglary is generally defined as any illegal entry into a home, business or other residence with the intent of stealing valuables or committing a crime. If you have been charged with burglary you may be facing many penalties from fines and probation to possible state prison time and having a felony on your record. If you have been charged with burglary or are being investigated for burglary, it is vital to contact a burglary attorney as soon as possible in order to protect your rights. The more time a burglary lawyer has to prepare your defense, the better the chances of a successful outcome. Our burglary attorneys know that good people can make bad decisions and that good people may be wrongfully accused of committing crimes; therefore we fight passionately to ensure your rights are protected throughout every step of the criminal process.
Burglary charges may be classified in differently. There is first degree burglary, referred to in some states as residential burglary, and second degree burglary which usually includes all other burglaries of businesses, cars, boats, etc. First degree burglary is considered a greater offense than second degree burglary. It also important to remember that one does not need be successful in committing the burglary in order for a burglary charge to be brought against him/her. In other words, even the failed attempt of burglary may be charged as burglary itself. The only fact the prosecutor has to prove is that the intent to steal or commit another felony was present at the time of entry. Because of this lenient standard, it is crucial to hire a burglary attorney to represent you and defense you every step of the way.
There are a number of defenses a knowledgeable burglary lawyer can utilize. The main objective for the prosecutor in a burglary case is to prove the defendant had the intent to commit a crime. Therefore, the crux of the defense will hinge upon raising doubt in this area and if the actual theft did not occur, the prosecutor will be fighting an uphill battle the entire way. If a burglary lawyer is successful in proving that there was not a guilty intent during the entering of the premises, there is a strong chance the burglary charges will have to be dropped to lesser charges such as petty theft (shoplifting) or other misdemeanor theft crimes. The penalties for misdemeanors are extremely less severe and the defendant can often go home without any jail time.
A skilled burglary lawyer can also utilize other arguments to defend against burglary charges. For example, if the defendant had the legal right to be on the premises, it would be extremely difficult for the prosecutor to prove a burglary took place. If a burglary attorney is able to establish that the defendant had a legitimate, legal reason to enter the property prior to when the incident occurred, the crime of burglary by definition did not occur. Although other crimes may have occurred, the burglary charge would likely not stand.
Another common defense that a criminal attorney might utilize is mistaken identity. Burglaries often occur at night while neighbors are asleep. Witnesses are usually unable to acquire an accurate description of the assailant. This leads to many false testimonies and false convictions. An experienced burglary attorney will know how to discredit a witness’s testimony in court and raise a reasonable doubt that another person could be guilty of the burglary charge. If the defendant has a legitimate alibi, his or her chances of acquittal are increased as well.
If you or a loved one have been charged with burglary, it is important to know what your legal rights are. Our criminal lawyers are highly knowledgeable in this area of law and will be able to provide you with an experienced and passionate defense. We give free legal consultations in order to listen to your whole story and determine what your main concerns. Please contact us now so that we can go over the possible defenses for your case in a free and thorough legal consultation.
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