A burglary lawyer can help you defend yourself against burglary charges. A skilled defense attorney can build doubt in the jury’s mind about the evidence against you. This might include pointing out flaws in eyewitness testimony, surveillance footage or crime scene forensics. Visit website.
A burglary lawyer can also help you prove that your actions do not fit the definition of this theft crime. New York law has 6 degrees of burglary, and your lawyer may use one or more of these as a defense.
Intent to commit a crime
Intent is a critical element in many crimes. Some crimes require specific intent, while others have a lower standard of general intent. For example, the crime of burglary requires a person to enter into a structure with the intent of carrying out a felony within. A prosecutor must prove this intent with a high degree of certainty. This is why it is important to hire a criminal attorney who knows the law in your state and can help you determine whether specific intent or general intent applies to your case.
Proving intent can be difficult, as it is often impossible to know a defendant’s actual thoughts at the time of the crime. However, prosecutors can use circumstantial evidence to infer a defendant’s mental state. For example, a witness may testify that the defendant was acting knowingly or recklessly. These inferences can lead to a conviction. Criminal intent can also be proven by examining the defendant’s behavior and actions throughout the course of the investigation.
Entry into a building or structure
While a burglary conviction can be embarrassing, it also could have long-term effects on your career and housing prospects. If you have been charged with burglary, you need to hire a New York criminal defense attorney immediately to help fight the charges.
Traditionally, “breaking and entering” required force, such as breaking a window or kicks a door. Today, a burglary conviction still includes the act of breaking into a building or structure, but the use of force is no longer required. In fact, a person can enter a building by using the slightest amount of effort to open a window or door. For example, a woman might have to reach her arm through a broken window in order to grab something from inside.
A “structure” can include houses, apartments, barns, house trailers, houseboats when used as dwellings, warehouses, stables, railroad cars, office buildings, and ships. An automobile does not qualify as a structure because it is not usually kept in a residence and would not be subject to the same security measures as a building.
Possession of a weapon
The possession of a weapon can be a serious offense that can lead to a lengthy prison sentence. Criminal possession of a weapon can include a wide range of items, from knives and guns to pepper spray and explosives. However, the exact definition of a weapon can vary depending on state law and the circumstances in which it is found. In addition, there are some occupations and individuals who are prohibited from possessing certain weapons altogether.
The reason why prosecutors often charge people with this crime is that they can use the presence of a weapon to show criminal intent. After all, it is not a leap in logic to believe that someone who brings a gun or knife to a burglary intends to use it. The best way to combat such charges is to hire an experienced burglary lawyer. These professionals can help you build a strong defense and ensure that the prosecution isn’t overzealous.
Damage to property
When a person destroys property that belongs to someone else, he or she can be charged with felony Criminal Mischief or any degree of Criminal Tampering. This crime can result in jail time and a permanent criminal record. However, if the property is abandoned, the offense may be downgraded to a misdemeanor. A skilled Criminal Mischief lawyer may be able to persuade the prosecution, jury or judge that the defendant did not intend to damage property maliciously.
Defending against burglary and criminal damage to property charges requires a thorough understanding of state law and the evidence that is presented. A qualified burglary lawyer can examine the evidence Maryland prosecutors are using against a client and dispute their assertions. He or she can also help a client fight aggravated criminal damage to property charges, which carry more serious penalties. A felony conviction can have long-term consequences, including difficulty passing background checks. This is why it’s important to hire a burglary lawyer as soon as possible.