Burglary charges require a strong defense strategy, as a conviction can result in a serious punishment that alters your life for many years to come.
While there are many challenges associated with implementing a sound burglary defense strategy, there are options you can use to counter the accusation and escape the consequences.
Before discussing the best burglary defense strategies, it's important to understand what this crime entails. Generally speaking, burglary consists of unauthorized entry into a building, such as a home or place of business, with the intent to commit a crime.
It's up to the prosecution to prove that all elements of burglary were present.
Here are some of the more common burglary defense strategies:
- Innocence: A claim of innocence is when you argue that you did not commit the crime. It's important that you're able to create doubt in the minds of the jury, giving them reason to wonder if you were actually the person responsible for the crime. Evidence can be called into question, such as through the use of an alibi.
- Affirmative defense: This is much different than the "innocence" defense strategy, as you admit you were part of the activity that led to your arrest. The key here is your ability to argue that your behavior was not criminal in nature. For example, you can argue that the owner of the property gave you permission to enter, meaning that you had authorized access.
- Entrapment: This defense entails the argument that you were convinced to commit a crime that you would not have partaken in on your own. It's not the most commonly employed burglary defense strategy, but it can be effective with the right evidence to back it up.
Depending on the circumstances surrounding your case, a conviction could result in a punishment ranging from a fine to many years in prison (often as long as 25 years).
It's easy to believe that the odds are against you when fighting burglary charges, but there are steps you can take to protect your legal rights. If you're interested in more information on burglary, robbery and related crimes, visit our website for guidance and advice.