Burglary Attorney
If you have been charged with Burglary, you will need an experienced burglary attorneys to defend your freedom.
Burglary in the First Degree is the most serious burglary charge. First Degree Burglary involves entering a building with the intent to commit a crime once inside or entering a building and committing a crime once inside and in either case the building is: (1) occupied by another person; (2) the burglar possess a dangerous weapon; or (3) the burglar assaults a person once inside the building. A person who is convicted of this offense must serve a mandatory minimum sentence of 6 months in jail or prison. https://www.revisor.mn.gov/statutes/cite/609.582.
Are there defenses to this charge? Yes, mistaken identity is one. Lack of sufficient evidence to prove the case beyond a reasonable doubt is another. An involuntary confession is a third; and there are many more.
If you have been charged with a burglary crime in Minnesota, call criminal defense lawyer Robert J. Shane, who is amongst the best burglary attorneys any time, day or night, at (612) 339-1024, or complete the contact form provided on this site to schedule your free consultation.
Exploring Burglary: Definitions, Intent, and Prosecution Standards
Burglary involves entering a building with the intent to commit a crime or committing a crime while inside the building. If no crime is committed when inside the building, the prosecution must prove beyond a reasonable doubt that a defendant intended to commit a crime at the time of entering the building. The criminal code defines a building as any structure that can provide shelter to a person and includes any connected structure such as a garage.
The entry of a building may be accomplished without the consent of the owner either by using a trick or misrepresentation to get the owner’s consent or by remaining in the building without the consent of the owner. An entry is made when any part of the burglar’s body intrudes into the building such as would be the case when a hand enters a building through a window. The best defense is to hire the services of burglary attorneys.
The prosecution must prove beyond a reasonable doubt that the defendant had the intent to commit the crime. Intent is usually proved by circumstantial evidence instead of direct evidence of intent. A possible defense to intent would be where the burglar had a family relationship with the victim. The success or failure of the burglary does not affect the ability to prosecute the crime. The same rule applies to the amount or value of the item taken from the building without the consent of the owner. It’s immaterial to the prosecution. For the best defense, you need to contact experienced burglary attorneys.
The crime of First Degree Burglary is the most serious and involves the entry of a building without consent with the intent to commit a crime while in the building or committing a crime while in the building when: (1) the building is a dwelling and another person is present at the time of the burglary; (2) the burglar possess a dangerous weapon, or (3) the burglar assaults a person inside the building. A person convicted of First-Degree Burglary who has no prior criminal history must serve a minimum of “not less than six months” in jail. It may be time to call burglary attorneys.