Burglary Lawyers
Representing Clients Nationwide
Burglary is the criminal offense that defines breaking and entering into a structure illegally with the intention of committing a crime. Burglary is most often committed at night and is an offense against another person's possessions and habitation. The Cochran Firm Criminal Defense attorneys in your area are experienced and skilled in defending the rights of those accused of burglary and other types of theft.
Degrees of Burglary
In some states, there is a schedule of degrees for burglary which determine the severity and sentencing of the crime. When the offense involves the use of weapons, a heavier sentence is imposed if the accused is convicted.
An example of first degree burglary occurs when deadly weapons or explosives have been used, or when there is bodily injury to a person who was not involved in the crime. Conversely, third degree burglary is committed when the accused knowingly and unlawfully entered a structure with the intent to commit a crime.
The Elements of Burglary
There are six general elements which define a burglary which include:
- Breaking: Requiring minimal application of force in order to enter the structure. Not all cases require this element to be present to qualify as a burglary.
- Entering: Entrance into the structure is performed through use of the body or some other tool.
- Dwelling: Requires that the entry be made into a structure where another person dwells including a business or a temporarily abandoned structure. This element has been expanded to include automobiles and fenced yards (other structures).
- Of another: The structure must belong to, or be rented by another person.
- Nighttime: Burglaries committed at night when the offender cannot be readily identified under natural light, or when the structure is occupied brings harsher penalties.
- Intent to commit a felony: This intent to commit a crime must be present when the offender enters the structure.
The crime of burglary may be defined differently and penalized with varying severity, depending on the jurisdiction in which the offense took place. It is important for anyone accused of burglary or any other theft to immediately seek the advice of qualified and experienced legal counsel. At The Cochran Firm Criminal Defense, we pride ourselves in our ability to uphold the law which states that anyone accused of any crime is considered innocent until they are proven otherwise.
If you have been charged with burglary or any other type of criminal theft, you should seek the aid of an aggressive and knowledgeable defense team that will fight for your freedom. Please contact the law offices of The Cochran Firm Criminal Defense.
