Find A Criminal Lawyer For Burglary Charges
Burglary laws have changed over time and with modern day burglary there are two definitions of burglary criminal charges that apply by law.
What are the Different Burglary Criminal Codes?
The most common type of burglary criminal code is the State Criminal Code which is most likely to be used in a court case. Criminal code laws vary from state to state with basic similarities but certain differences. You can consult with a criminal attorney
about the details of your case.
A person who is not charged with burglary can also be charged with Criminal Trespass which is defined as: "a person knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any building or occupied structure, or separately secured or occupied portion thereof. An offense under this subsection is a misdemeanor if it is committed in a dwelling at night.”
The other less common type of burglary criminal code is the Military Criminal Code. A person who is a member of the United States Armed Forces have to abide by the laws set forth by the state criminal laws along with the United States Code Service which is defined as "Any person subject to this chapter who with intent to commit an offense punishable under sections 918-928 of this title, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct"(10 USCS 929 Art. 129).
How is a Burglary Criminal Charge Determined?
The degree and nature of a charge will depend on several facts including:
What Are Considered Criminal Burglary or Trespassing Charges?
- If a person was assaulted during the burglary
- If someone was present when the burglary occurred
- The type of building the burglary took place. Was it someone’s home?
- If a weapon was present during the burglary
There are many different types of Criminal Burglary Charges,
and laws vary from state to state. It is recommended to check with burglary attorney for clarification. There are generally several degrees of burglary and examples of several acts punishable by law include:
- Impairing or Impeding Telephone or Power to a Dwelling
- If a person damages a wire or line that transmits or connects the telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission.
- Possession of code Grabbing Devices. A person can be charged with a felony for having a device that can intercept a security or other electronic system and can play back the signal to disarm that system like the interception of a garage door opener.
- A person can be charged with a felony for possessing a device with intent to use it to commit burglary. There have been cases involving this type of charge against a person who had tools in their vehicles.
- Causing Damage To A Dwelling, Structure, or to Property Within the Dwelling Or Structure In Excess of $1,000
- Removing Any Items From a Private Property Including Notices On Posted Land
- Trespass On School Property With a Firearm or Other Weapons
What Are Defenses for Criminal Burglary Crimes?
Proving the defendant’s actions did not meet the standard of a “threat to the safety of other people”, as required under certain laws. The court can withhold adjudication, resulting in no formal finding of guilt.
If the defendant lives out of the country, the defense can file a Plea in Absentia on their behalf.
In cases that involve a minor and to avoid the court system, a defense attorney or criminal lawyer can arrange for the minor participation in a juvenile diversion program. The
attorney can then move to have their records either sealed or destroyed.
The above defenses are effective in getting charges dropped all together or at least a reduced sentence. For this reason, contact a criminal attorney
immediately after being charged with burglary.
Need a Criminal Defense Attorney For a Criminal Burglary Charge?
Burglary charges can fall under a number of possible defenses:
- Auto Theft
- Gun Crimes
- Home Invasion
- Issuing Bad Checks
- White Collar crimes
- Deception, Identity, Credit Card, Mail Fraud, or Internet Theft
- Receiving stolen property also known as fencing
There are many specific local and state laws that govern the type of action that is allowed in a burglary charge, so it is recommended that one speak to a professional who is familiar with the corresponding laws. Criminal lawyers and defense attorneys can represent individuals on a felony or misdemeanor charge and can represent clients in state or federal court.
Consulting a criminal defense attorney is the first step in preventing your civil rights from being violated by authorities.