Why You Should Consult With an Experienced Burglary Lawyer
Anyone who has been charged with the crime of burglary will need a strong defense. Burglary charges are complex, as there are many elements involved in proving the crime. If you are dealing with burglary charges, it is in your best interest to hire a burglary lawyer. A knowledgeable attorney will review the unique facts of your situation, advise on how the law applies to you, and craft the best possible defense for your case.
If you’ve been charged with burglary or a related crime, or if you have questions about state laws, consult an experienced local burglary lawyer. Contact Murphy & Rudolf today for a free consultation: (508) 570-3037 or fill out a contact form online.
What Exactly Is a Burglary Charge?
In Massachusetts, burglary is defined as “the act of breaking and entering an inhabited structure, such as a house, especially at night, with the intent to commit a felony such as murder or larceny.” Over time, lawmakers have expanded this definition to protect additional structures, such as ships, vehicles and railroad cars. Now the law also includes crimes committed during the daytime, and the intent to commit a misdemeanor crime as well as a felony.
What Constitutes Proof of a Burglary?
In considering a defense, it is helpful to understand what the prosecution must prove to convict you. In order to obtain a burglary conviction, the prosecution must prove all of the following:
- Unauthorized breaking & entering
- Into an inhabited structure
- With the intent to commit a crime inside
All three of these elements form a key aspect of a burglary charge, which means that the entire case will fail if the prosecution cannot prove even one of the above components.
The prosecution bears the burden of proving a defendant’s guilt beyond a reasonable doubt. Therefore, to defeat a burglary charge, the defendant must create a plausible doubt in the minds of the jury as to whether the prosecution’s evidence truly demonstrates that they committed the crime. This is where a burglary lawyer can be vital to your success.
How a Burglary Lawyer Can Help You
If you are charged with burglary, possession of burglary tools, trespassing, or home invasion, you’ll need the right attorney to ensure your defense.
The most basic burglary defense is that of innocence. This defense is successful if you can show that you are factually innocent of the offense, or if you can cast reasonable doubt on the prosecution’s case. You can also present this defense if you were a victim of false accusations.
Furthermore, an act is only considered burglary if you entered a structure or building with the specific intent to commit a crime once inside. The prosecution does not need to prove that the defendant actually stole something; it is enough to prove that the defendant had the intent to commit some form of theft. This means that a burglary lawyer can contest a criminal charge by showing you did not enter a structure with this intent.
Burglary is a serious charge, that potentially results in a felony conviction or prison time. A criminal defense lawyer can help you avoid these outcomes, ensuring that your criminal record remains clean.