Auto Accident Law 101

How Can a Criminal Defense Lawyer Defend You against a Burglary Charge?

7 September 2022

Everett Cook

If you are charged with burglary, it means you entered a building with ill intentions without permission, and you intended to commit a crime. Burglary can be charged as a misdemeanor or felony, depending on the circumstances. If you are convicted of burglary, you could face jail time and/or fines. It is crucial to seek the help of a criminal defense lawyer as quickly as possible when facing these charges to avoid these stiff penalties. How can they defend you against this charge?

1. Proving that there was no intent to commit a felony or theft

One strategy is to prove that you did not have the intent to commit a felony or theft. This can be tricky, as it requires showing what was going through your mind at the time of the alleged crime. Did you know that the property was occupied? Did you have a weapon on you? Were you wearing a mask? These are all factors that could be used to show that you did not have the necessary intent to commit a felony or theft. 

2. Showing that the evidence against you is circumstantial

This approach can be effective in persuading a jury that there is reasonable doubt as to the client's guilt. To successfully make this argument, the lawyer will need to carefully examine all of the evidence against the client and look for any holes or inconsistencies.

For example, if there is no eyewitness testimony or DNA evidence linking you to the crime, the lawyer can argue that you were wrongly accused. If the lawyer can create enough doubt in the minds of the jurors, they may be more inclined to find the client not guilty.

3. Proving that you had permission to be in the building or structure

If you are accused of breaking into a building or structure, your lawyer can try to prove that you had permission to be there. This may be the case if you work in the building or if you were given explicit permission to enter by the owner.

Even if you did not have permission to be on the premises, your lawyer can argue that you did not have the intent to commit a crime. For example, if you were caught trespassing but did not have any items on you that could be used to commit a crime, your attorney could argue that you did not intend to burglarize the property.

4. Showing that you were unaware that the building or structure was off-limits to the public

If you are accused of burglary, your lawyer can try to prove that you were unaware that the building or structure was off-limits to the public. This could be the case if there were no signs posted or if the property was not clearly marked as private property.

To learn more, contact a criminal defense law agency such as Baker Law Firm.

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