Reach out to our burglary lawyers in Los Angeles today. If we cannot have charges dismissed, we can at least work to get them downgraded to lesser offenses that carry lighter penalties. Search, Browse Law Many people, for example, dont understand the difference between assault and battery in Illinois. To be convicted of burglary charges, you must have unlawfully entered or remained in a building, or just a portion of a building, with the intent to commit a crime. Regardless of the specific circumstances that give rise to the charges, it is highly advisable to consult with a knowledgeable criminal defense attorney as soon as possible. 1st degree. These serious penalties make it imperative that you immediately hire an experienced and aggressive Central Valley criminal defense lawyer to avoid a conviction. Some possible affirmative defenses are as follows: The most basic burglary defense and the one that most defendants (in any criminal case) will try is a claim of actual innocence. Speak directly with David J. Shrager 24 hours a day, 7 days a week. Reach out to Overson Law, PLLC at (801) 758-2287 to schedule a free consultation about your case. The police may attempt to get you to confess or make a statement related to the burglary. What is the difference between home invasion and burglary in Nevada? A skilled Long lawyer knows how to negotiate the best possible plea deal in any particular case. Finally, the defendant could argue that someone entrapped them by convincing them to commit the crime when they otherwise would not have. Contact a qualified criminal lawyer to make sure your rights are protected. To secure a conviction in a burglary case, the prosecution must prove that the accused entered the structure or habitation without permission and with the intent to commit a crime inside the building. Firms, Expungement Handbook - Procedures and Law. Note that most defense lawyers and law firms/law offices provide free consultations. STEP 1: Identify Your Felony Charges. However, the team at the Simmrin Law Group can work to build a defense to protect you from these allegations. They also dont understand the way in which the criminal justice system works in the state since their knowledge may be limited to the things theyve seen on television and in movies. You must contact an experienced Long Beach burglary attorney at once and adhere to that attorneys advice. A defendant facing burglary charges needs a strong defense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Even if you are unlawfully in someones home, you cannot be convicted of burglary if you did not have the intent to commit a crime. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Each of these elements forms a necessary component of the overall burglary charge, so if the prosecution fails to prove one element, the entire case will fail. Many states say that you are not guilty of the crime of burglary if you: But note that some jurisdictions say the defense only works if: Yes. Start with your legal issue to find the right lawyer for you. Embezzlement is primarily a business related crime that includes theft by an employee who had access to funds or property belonging to the employer. There are times when the police are overeager to solve a case. You may face additional charges just for having a screwdriver or other burglary tool on your person, because Illinois has a separate charge for possession of burglary tools. The main defining element is the value . Find an attorney. No matter the circumstances of your assault charge, its vital that you understand what those charges mean. the types of burglary charges that a prosecutor has filed, the type of building you are accused of entering, and. Remember that burglary accusations can lead to serious charges, and they can result in a felony offense and even prison time. If the person accused of burglary could be proven that he or she was elsewhere, then the charges should not stick. If the charge cannot be dropped or dismissed, a burglary defendant may face a choice. Unfortunately, this can compel them to do things that violate your rights. 1. Theft occurs in a place where the defendant was allowed to be. If the burglary charge applies to entering a building that is meant for habitation and the offender intended to commit a felony other than felony theft, the resulting penalty is a first degree felony. at (863) 455 . The girl . Burglary charges are more than just a case of theft. & Code Ann. First-degree burglary is charged as a felony, and a conviction can be penalized with up to six years in prison. What are the steps your defense attorney might take? A conviction for burglary charges even a misdemeanor conviction can have severe and lasting ramifications, but the right attorney can make all the difference. All rights reserved. There are different degrees of theft: Petty theft: theft of an item valued at $500 or less. Maybe, yes. Remain polite with the police and say something like, I would prefer to remain silent until I can consult with my attorney.. Schedule a time to speak with us more about your case. They were so pleasant and knowledgeable when I contacted them. If you're being accused or charged with a burglary charge in New Jersey, the burglary lawyers at Breslow Law can help. Police . Learn more by calling (310) 997-4688 or filling out our online contact form. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Burglary is a second-degree felony when committed in a home or dwelling. Yes. Please fill out the form below and we will be in touch soon, Predatory Criminal Sexual Assault of a Child, Please fill out the form below and we will be in touch soon. Penal Code 236.1 PC - Human Trafficking, Penal Code 243.4 PC - Sexual Battery, If surveillance camera is blurry, or doesnt clearly show your face, you may be able to discredit the evidence and the prosecution will have no visual evidence to prove that you committed the burglary. You would be waiving your right to a trial, but you would serve a lighter sentence than if you were convicted of your original charges. A plea bargain is much better than facing the full wrath of the law in the case of drug possession. The information on this site is for general information purposes exclusively. To find out which of these defense strategies is most appropriate for your case, speak to an experienced Illinois burglary attorney. However, burglary is a distinct criminal offense with unique elements that must be proven if you are to be convicted. We know how to fight burglary charges. do so with the intent to commit a crime once inside. A conviction will result in a prison sentence of five years to life in prison, plus a fine of up to $10,000. Morocco Omari and the Stigma of Chicago Domestic Battery Charges, Why You Should Get Your Illinois Criminal Record Sealed or Expunged. The innocence defense is simply stating that the defendant did not do the allegedly criminal action. A plea deal gives the state a conviction, and it lets a defendant serve a less severe penalty. Name 15 years to life. In other words, this defense involves convincing the court that the defendant didn't commit the acts in question. Terms of Service | Privacy Policy | Sitemap | Attorney Marketing by Social Firestarter, LLC, How To Fight Burglary Charges In Long Beach, An Overview Of Californias Three Strikes Law. It happened on the 3000 block of Ashburn Court. Contact an Illinois burglary attorney today. What Are Possible Defenses for a Charge of Child Molestation in Long Beach? Our lawyers are available 24 hours a day, 7 days a week to take your call. Please contact our office to schedule a free consultation. Defendants commonly make the argument that they had the consent of the owner or occupier of the property to enter, thus there was no unauthorized breaking and entry. Contact us at (877) 781-1570 to review the details of your burglary case. Chicago, IL 60614, 10024 Skokie Blvd. Depending on the facts of the case, burglary penalties can include misdemeanor or felony charges and a prison sentence or jail time. A lawyer can help you negotiate a plea bargain that's favorable for you. Below, were going to cover several different potential defenses that a knowledgeable Illinois criminal lawyer might use to help your case. Some of the most common defense strategies used to fight burglary charges include: Lack of intent: The state must prove that you had the intent to commit a crime once inside the structure. | Last updated January 29, 2019. (If the value of that property is high enough, you might even still face felony charges in Illinois.). The best way to present the best defense is to hire a legal professional who's experienced in such matters. A knowledgeable Texas criminal attorney will be able to help you fight your charges with an aggressive defense strategy. Having your criminal record sealed in Illinois greatly benefits those with a criminal history. Attach another file if needed. Each of these elements forms a necessary component of the overall burglary charge, so if the prosecution fails to prove one element, the entire case will fail. In a sexual assault case, the most basic defense is a claim of actual innocence. Burglary involves the unauthorized entry or occupation of a building or dwelling with the intent to commit a crime inside. Definition of Burglary in Florida. a property owner consented to you entering a structure, and. Copyright 2022 Shouse Law Group, A.P.C. First, you will attempt to show that the reason the officer stopped you was unjustified (i.e., that the officer lacked probable cause). Burglary is defined in Iowa as entering an occupied structure with the intent to commit a felony, a theft or an assault while inside. If you need an attorney, find one right now. Even a minor burglary charge is a felony crime in Illinois, and the most severe cases could be a Class 1 felony. In this regard, you and your criminal defense attorney will work to cast doubt or prove the elements are untrue in order to avoid the punishments that come with a burglary conviction. Many attorneys offer free consultations. Contact us online or call 973-239-8000 today for a . This field is for validation purposes and should be left unchanged. We will work to provide you with the best defense possible. For example, your claim of ownership will likely succeed if you can show receipts or pictures that prove you owned the property in question. Even if the defendant erroneously believed that they had permission to enter the property, the belief in the consent of the owner could be enough to defeat the burglary charge assuming that the belief was reasonable. Jail Time. Burglary Defense: Actual Innocence. Talking to police. Based on Florida Statute 810.02 (1) (b), burglary is the offense of illegally entering a dwelling, structure or conveyance with the intent to commit an offense. Suite 201 2502 N Clark St. Burglary is often confused with robbery.
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