The offense of burglary involves entering a property without permission with the intention of committing a crime. While many assume this crime will always be theft, burglary charges can stem from other intended criminal acts as well.
If you have been arrested under suspicion of burglary, you could benefit from talking with a skilled theft defense attorney. Your defense counsel could use their resources and knowledge of the law to have your charges dismissed or to build a defense that will hold up at trial. Reach out to a Lake Mary burglary lawyer today to get started.
Burglary is often considered a theft offense, but a person can commit the crime without stealing anything at all. Burglary occurs when a person enters a property intending to commit a criminal act. This property could be a dwelling, structure, or conveyance. While burglary is always treated as a felony, the penalty range for this offense can vary.
A person’s intent is important in a burglary case. In fact, intent is one of the most important elements of the crime. Burglary can occur even when the accused never commits the intended act once they enter the premises.
The penalties for a burglary conviction can also vary depending on the type of structure that has been entered. For example, entering a dwelling is a more serious offense than a structure that is not designed for inhabitation – such as a store or a shed.
Burglary is a serious offense, but an arrest does not automatically end with a conviction. Many people charged with this offense see those charges dropped, while others could win at trial. A Lake Mary burglary attorney could help promote the defendant’s case in court.
An attorney should review all the circumstances of a burglary case in Lake Mary before developing the strongest possible defense strategy. There are many strategies available but the best defense in one case may not be the best defense in another case. Some common defense strategies include the following.
The crime of burglary is only committed when a person enters the property of another without permission. If they were entitled to be on the premises, a burglary charge would be improper. Of course, other charges could be filed depending on that person’s conduct at the property, like if they committed assault or unlawfully possessed a gun.
The prosecutor has a high burden when it comes to proving guilt beyond a reasonable doubt. One common strategy is for the defense to point to all the evidence cited by the state and highlighting how—even assuming it is true—it is not enough to prove a burglary took place.
There are limits on where and how the police can investigate a suspected burglary. When the police illegally search property or seize evidence, that evidence could be excluded from trial. If enough important evidence is removed, it may be impossible for the state to make their burglary case.
If you are currently facing burglary charges, you need legal counsel that knows how to aggressively protect your rights. A strong defense could be the difference between a clean record and years in a state prison.
Do not put your future at risk by acting as your own defense attorney. Call a Lake Mary burglary lawyer today for more information.
The Umansky Law Firm Criminal Defense & Injury Attorneys
