Burglary

The crime of burglary is often mistakenly used interchangeably with robbery, though the two are legally distinct. Burglary involves unlawful entry into a structure with the intent to commit a crime inside, whereas robbery involves the use of force or intimidation to take property directly from another person.

In any criminal proceeding, the burden is on the prosecution to prove beyond a reasonable doubt that the defendant committed the offense.

To secure a burglary conviction, the prosecution must prove that the defendant entered a structure with the intent to commit theft or another felony therein. If you are facing burglary charges or are under investigation, it is critical that you contact Do & Associates immediately to protect your rights.

Penalties

Like many criminal offenses, burglary is classified by degrees, and the severity of punishment depends on the specific circumstances of the case:

• First-Degree Burglary:
  Involves the burglary of an inhabited dwelling (such as a home or apartment). This is a felony punishable by two to six years in state prison.

• Second-Degree Burglary:
  Applies to all other types of structures (such as businesses or vehicles). This offense may be charged as a misdemeanor or felony, with punishment including up to one year in county jail or a longer prison sentence if charged as a felony.

Defenses

There are several potential legal defenses available to fight burglary charges, including but not limited to:

• Lack of Intent: No intention to commit a crime at the time of entry.

• Mistaken Identity: The defendant was wrongly accused.

• Consent to Enter: The defendant had permission to enter the premises.

• Lack of Mental Capacity: The defendant was incapable of forming criminal intent.

At Do & Associates, we will evaluate the unique facts of your case and craft a strategic, aggressive defense to achieve the best possible outcome.

DISCLAIMER: The information provided herein is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.