Burglary criminal defense attorneys are criminal attorneys who represent individuals accused of one or more burglary counts:
- Residential burglary (the breaking and entering into a residence)
- Commercial burglary
- Burglary involving the use of a lethal weapon
- Home invasion burglary
- Entering a car, vessel or cargo container with the intention of stealing
Protecting Your Rights
It is the part of a burglary defense lawyer to protect the constitutionally guaranteed appropriate rights of somebody who has been arrested for or charged with or convicted of burglary. Each state has different regulations regarding burglary offenses, but the charges in all states for burglary crimes are all harsh. The prospective discipline for being convicted of a burglary includes:
- Jail and prison time
- Forfeiture of property
- Restitution of residential property to the victim
- A criminal record that can affect the rest of your life
- Burglaries Matter toward "Three Strikes"
In addition, burglary charges count toward the 'three strikes' systems in states that use them. For instance, a first-degree burglary conviction in CA is a felony and thus a major offense, which means that the convicted individual will have to serve at least 85 percent of his prison or prison sentence, and if he is convicted later of another felony, it is immediately doubled, and at minimum 80 percent of it must be served. A 3rd hit (felony) may result in an incredibly long (also "life") sentence.
In many states, a burglary committed in someone's house (i.e., a residential burglary) is a first-degree burglary and a felony, because of the risk to the lives of men and women who reside there. All other kinds of burglaries (businesses, vehicles, etc.) are second-degree burglaries and may be charged as either a felony or a misdemeanor. A burglary defense lawyer will work to get a client's charges reduced or also dismissed.
Intent and Burglary
In some states, the prosecutor must show that the accused had the intention to commit a criminal offense when he or she entered the building. In other jurisdictions, it doesn't matter whether there was intent or perhaps not. Your criminal protection lawyer will explain the elements of your burglary fee to you.