Defending Yourself Against Burglary and Breaking & Entering Charges

Defending Yourself Against Burglary and Breaking & Entering Charges

Being accused of burglary or breaking and entering can be scary. Even if you’re innocent, these charges carry serious penalties like jail time and fines. The good news is there are legal defenses you can use to protect yourself. This article will explain common burglary and breaking and entering charges, penalties, and strategies to fight them.

What is Burglary?

Burglary is illegally entering a building or property to commit a crime, usually theft. It’s more serious than regular theft because it violates the victim’s sense of safety and privacy. Burglary charges often depend on:

• Type of building entered – homes, businesses, garages, etc.
• Time of day – nighttime is worse
• Use of force – breaking windows or picking locks
• Weapons carried – guns or knives make it more serious
• Intent – was the plan to steal or commit another felony?

There are degrees of burglary charges based on these factors. Like, first-degree burglary involves entering a home at night intending to commit a felony. Second-degree is entering a building (not just homes) with intent to steal. Third-degree is entering without consent, but not to steal or commit a felony.

What is Breaking & Entering?

Breaking & entering specifically refers to illegally entering a building or property through force, threats, or destruction of locks or security systems. It involves:

• Breaking – damaging doors, windows, locks, etc. to get inside
• Entering – going into a building or property without permission
• Intent – to commit theft or another crime once inside

Breaking & entering will lead to burglary charges if theft or another crime happens after entry. But breaking & entering itself may be charged even if no other crime occurs.

Penalties for Burglary and Breaking & Entering

Like most crimes, penalties depend on state laws and circumstances. But generally:

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• First-degree burglary can lead to over 10 years in prison.
• Second-degree burglary can lead to 1-3 years in prison.
• Third-degree burglary can lead to fines and less than 1 year in jail.
• Breaking & entering can lead to 6 months to 10 years in prison depending on damage done.

Other penalties include probation, community service, counseling, and restitution to victims. Penalties go up if weapons were involved. Previous criminal records also increase sentences.

Fighting Burglary and Breaking & Entering Charges

The best defense is a good offense. Working with an experienced criminal defense lawyer gives you the best chance to avoid conviction. Here are some legal defenses they may use:

You had consent to enter

It’s not illegal entry if the owner gave you permission to be there. For example, you had the key code or regularly house-sit for someone. Lack of consent is a required element prosecutors must prove.

You intended no crime

Burglary requires intent to commit a crime inside. If you entered a building for an innocent reason like seeking shelter or got lost, you lacked criminal intent. But it can be hard to prove innocent motivations.

Misidentification

Eyewitnesses or circumstantial evidence may have incorrectly identified you. Your lawyer can challenge the credibility of witnesses and point out gaps in the evidence tying you to the crime.

Unlawful police conduct

If police violated your rights by detaining you without probable cause, or seizing evidence without a warrant, that evidence can be suppressed. This may exclude confessions or property alleged to be stolen.

Intoxication

Being extremely impaired by drugs or alcohol can be a defense to burglary. You can argue you were unable to form the intent necessary to knowingly commit a crime due to your intoxicated condition.

Necessity

Committing a crime out of necessity can sometimes be justified. Like smashing a window to save someone inside a burning building. But the threat must be immediate and reasonable.

What Should You Do if Accused?

Here are some tips if you get arrested for burglary or breaking and entering:

• Remain silent – don’t talk to police without a lawyer present.
• Hire a criminal defense attorney – public defenders are free if you can’t afford private counsel.
• Don’t resist police – stay calm and comply with orders to avoid new charges.
• Arrange bail – your lawyer can ask for bail so you don’t have to await trial in jail.
• Build your defense – work closely with your lawyer to identify defenses and weaknesses in the prosecutor’s case.
• Consider alternatives – your lawyer may negotiate reduced charges or pretrial diversion programs to avoid conviction.

Fighting burglary and breaking & entering charges takes time, skill, and resources. But working proactively with an experienced attorney gives you the best chance at a positive outcome. Don’t wait to seek help if accused – your future depends on it.