It is a common misconception that in order to be charged with theft crimes such as burglary that the person must take a piece of property from a building in which they have entered. On the contrary, the prosecution does not need to prove that a person physically took a piece of property, only that they were in a building they did not have permission to be in and had intent to commit a crime when they entered that place. robbery Because intent to commit a crime is the most important factor that needs to be established in order to be convicted under this charge, a good defense against a charge of burglary is that there was no intent to commit a crime when the defendant entered. In that case, a related charge of simple trespassing or criminal trespass may apply better to that particular circumstance. While speaking of defenses for the charge of burglary, the statute itself has three built in defenses. The first defense that is stated in the statute is that the building or structure is abandoned. This means that a charge of burglary would not be appropriate in circumstances where the building in which a person did not have permission to be there was abandoned.
The second defense in theft crimes charges such as burglary that is written in the statute itself is the premises are open to the public. insurance fraud The obvious implication from this is that if the building or structure was private than this would not apply. Finally, the last defense that is written into the statute is that the actor is licensed or privileged to be there. Just like the related charge of robbery, this charge is a felony but the degree to which it is a felony varies. There are certain factors that influence the degree to which it is a felony. For instance, a big factor is whether or not someone was present during the commission of the crime. If someone were in the structure at the time, it would be a felony of the first degree. If someone was not present at the time then it would be a felony of the second degree. Determining the right course of action to take in your particular case would be up to your attorneys and the ones at the Law Offices of Kelly and Conte are up to the task and will help you come away with the best possible outcome given your circumstances.