Burglary Charges Defense Attorney in Philadelphia, PA
Burglary is a serious crime that involves breaking into a structure with the intent to commit a crime. Hiring an experienced defense lawyer is the only way to ensure that you get the best possible outcome. An individual can be charged with burglary even if the property is not occupied. It is important that you understand the nature of burglary charges before a defense team can help you beat them.
Elements of Burglary
There are two crucial characteristics of the burglary that your prosecutors might come at you with:
- Unlawful entry into a building or occupied structure. The prosecutor must show that the defendant unlawfully entered a building or occupied structure to prove burglary.This means he must either break out, enter or remain in the house without the owner’s or occupant’s permission or consent. The prosecution must also show that the defendant was aware that someone was inside.
- Intent to commit a crime inside. To commit a burglary, you must have the intent to commit a crime once inside the building. It could be theft, robbery, assault, or even murder if someone were at home at the time.
Defense Against Burglary Charges
There are several defenses for burglary charges, including:
- Actual Innocence. Police frequently arrest the wrong person for burglary. The actual perpetrator may give your name to the police as an alibi or cover his or her tracks. In other cases, an innocent person may become entangled in a case involving multiple suspects, none of whom can provide an alibi. In these cases, it is critical that you contact a criminal defense attorney who can assist you in proving your innocence. The lawyer may be able to get you released on bail or have the charges dropped entirely.
- It is not what it seems. When there is evidence that police officers or witnesses misinterpreted your actions or words to fit the facts of their case against you, this defense applies. For example, if they thought they saw you climbing through a window and then confronted you outside without calling out that they were cops or identifying themselves in any way before making physical contact with you or drawing their weapons on you (which is illegal), this would be an example of it not being what it appears because they should have known better than to believe.
- Lack of Intent or Knowledge. Burglary necessitates the intent to steal or commit another crime while inside a building. If you did not intend to steal or commit any other crime, you could not be convicted of burglary. For example, if you were simply looking for a place to stay and did not realize you were in someone’s home, you lacked intent. A factual error also applies here: if someone enters an apartment by mistake thinking it belongs to someone else, they cannot be convicted of burglary because they did not intend to commit theft or another crime while inside the apartment.
- A mistake of fact. If a person believes they have permission to enter another person’s home or property, they cannot be convicted of burglary. However, if someone believes they have permission when they do not (for example, if an owner gives their neighbor keys in an emergency), they may still be convicted.
Contact the Brookman Law Group Today
If you have been charged with burglary, you will need the assistance of an experienced attorney to help you fight the charges. Burglary is frequently a serious crime punishable by felony convictions, prison time, and fines. You could lose your freedom as well as your reputation if convicted.
The law firm Brookman Law Group has assisted many clients facing burglary charges in negotiating a favorable outcome. Our attorneys will work with you every step of the way to ensure that you have the best possible defense for your case. We have seen how it feels to be accused of burglary. We know how scary it is when you are charged with a crime—and we know it is even scarier to be accused of a crime you didn’t commit.
That is why we’re here: to take care of your case so that you can focus on staying strong, keeping your family together, and finding the best way forward for yourself and your loved ones. We understand what it takes to mount a strong defense against burglary charges, and we will do everything in our power to protect your rights throughout this process. If you’re facing burglary charges, don’t wait. Call us at (267) 415-4623 or contact us online to schedule a free consultation.