Burglary charges are extremely serious, and a conviction could lead to a felony sentence that haunts you for the rest of your life. If you or a loved one are facing burglary charges, you need to make sure you speak with a theft defense attorney as soon as possible.
A Dr. Phillips burglary lawyer can help you understand the charges and penalties you face, while leveraging inside knowledge of the legal system to work towards the best possible outcome in your case. We can champion your legal rights at every stage of the proceedings, while tailoring the most compelling defense strategies to the details of your charge.
Burglary occurs when someone illegally enters a place that is classified as a structure, conveyance, or dwelling, and intends to carry out a crime once they are inside. Even if a person legally enters a structure, conveyance, or dwelling, but they secretly stay on the premises for the purpose of committing a crime or stay there to carry out a crime after permission is revoked, they can be charged with burglary.
A structure refers to a building that has a roof but is not designed for living in, whereas a conveyance is typically a mode of transportation such as a motor vehicle or vessel. A dwelling is any building used by people to live in, either for a permanent or temporary duration.
It is important to note that even if the accused did not fully enter the premises, if they intended to commit a crime and partly entered the structure, conveyance, or dwelling, they can be charged with burglary. If a person attempts to enter a structure, conveyance, or dwelling in a secretive or surreptitious way, it may be presumed that they intended to commit a crime.
Intent is a vital element of the crime of burglary. If a Dr. Phillips attorney can prove that intent is missing from the prosecution’s case, this can undermine a burglary charge and lead to a dismissal or reduction of the charge. Other defenses to burglary can include the consent of the owner of the premises, lack of proof, or mistaken identity.
The penalties for burglary will depend on numerous factors. A Dr. Phillips attorney can help you understand your burglary charge, and the factors that could aggravate or lessen the penalties involved.
The lightest sentence for burglary is that associated with a third-degree felony. This offense still carries a prison term of up to five years, plus financial penalties as high as $5,000.
However, burglary can also be charged as a second- or first-degree felony. For example, burglary becomes a second-degree felony if it involves structure, conveyance, or dwelling where someone is inside. A second-degree felony is punishable by up to $10,000 in fines, as well as 15 years in prison. If burglary involves the use of a dangerous weapon, explosives, assault, or battery, it is a first-degree felony, punishable by up to life in prison.
In addition to financial penalties and prison time, individuals convicted of burglary will also face the myriad consequences associated with a felony conviction. These can include the loss of voting rights, the loss of the ability to own a firearm, the requirement to pay court and attorneys’ fees, and probation.
When facing a criminal charge like burglary, you may feel overwhelmed and unsure of the best route to fight the prosecution’s case. The world of criminal law can be intimidating, but having a skilled criminal defense attorney on your side can make a significant difference in the direction of your case.
A Dr. Phillips burglary lawyer who is deeply familiar with defending these charges can negotiate a plea bargain on your behalf or potentially get your case dismissed. The right defense approach will depend on the facts and circumstances of your case, but an attorney can develop a strong plan to mitigate or eliminate the penalties you are facing.
If you or a loved one have been charged with burglary, you do not have to go through it alone. Contact our law firm today to learn more about your best legal options.
The Umansky Law Firm Criminal Defense & Injury Attorneys