How to Defend Yourself Against Burglary Charges
A burglary conviction is not a minor charge. It is a serious crime that brings severe penalties, including a lengthy prison sentence and a permanent criminal record.
When employers conduct background checks, felony convictions for crimes like this often shut the door on future opportunities. So, how do you fight back? Knowing how to defend yourself against burglary charges requires understanding the law.
Here is everything you need to know about the legal definition of this criminal offense and the defense strategy for your situation.
Understanding Burglary Charges & the Legal Definition
Many people think you have to break a window or pick a lock to commit burglary. Under Tennessee criminal law, burglary involves the unauthorized entry into a building or structure with the intent to commit a felony, assault, or theft.
The circumstances surrounding the alleged crime dictate the severity of the charges. For example:
- Aggravated Burglary: This involves entering a habitation (a residential burglary where someone lives). This is a Class C felony, carrying a sentence of 3 to 15 years in prison depending on your sentencing range.
- Burglary: This might involve entering a standard commercial building or structure, not a habitation. It is typically a Class D felony.
The state relies heavily on the prosecution’s narrative to prove your guilt. But, to secure a criminal conviction, they must prove every element of the crime beyond a reasonable doubt. If they can’t prove why you were there or what you intended to do, their case starts to fall apart.
What is the Criminal Intent Behind Burglary?
To commit a crime of this nature, the defendant must have had the intent to commit a felony, assault, or theft before or at the moment of entry. What if you wandered into a building because you thought it was abandoned? Or what if the defendant believed they had permission to be there?
If you lacked criminal intent, a criminal defense attorney can use this to create reasonable doubt. In some situations, issues like severe intoxication or mental illness might also negate the specific intent required for a conviction, shifting the prosecution’s argument entirely.
Common Defense Strategies Used by Defense Attorneys
Every case is unique, but skilled attorneys know that dismantling the prosecution’s case requires attacking the key evidence.
Here are some common defense strategies used to fight an alleged burglary:
Providing a Credible Alibi
If you weren’t at the scene, you can’t be guilty. A credible alibi is one of the common defenses available. Your defense lawyer will gather evidence such as surveillance footage, receipts, or eyewitness testimony to prove you were somewhere else when the crime occurred.
Claiming Mistaken Identity
Mistaken identity is surprisingly common. Witness statements can be flawed, and eyewitness testimony is notoriously unreliable. An attorney will cross-examine witnesses to expose inconsistencies in their stories.
Highlighting Insufficient Evidence
If the physical evidence is weak, your criminal defense lawyer can argue that there is insufficient evidence for a conviction. If there is no forensic evidence (like fingerprints or DNA) tying you to the scene, the prosecution’s evidence might not hold up in court.
Challenging Evidence Obtained Illegally
If the police conducted an illegal search or failed to read you your rights, your defense attorneys can file a motion to suppress that evidence. Evidence obtained illegally cannot be used against you, which often leads to a favorable outcome or even to charges being dismissed.
Criminal Defense Strategy by BFP Law Firm
When you are accused of a serious crime, time is your enemy. The longer you wait to hire an attorney, the more time the state has to build its case.
If you or a loved one is facing burglary charges, do not speak to the police without a criminal defense lawyer. BFP Law Firm will evaluate your case and explain your options.
Contact BFP Law Firm now. Call us at 423-833-6457 or visit our office at 318 Erin Drive, Suite 4, Knoxville, TN 37919.
Frequently Asked Questions
What is the difference between theft and burglary?
Theft involves taking someone else’s property. Burglary involves the unlawful entry into a structure with the intent to commit a crime, usually theft. If you face either charge, contact BFP Law Firm in Elizabethton to start building your defense.
Can I be charged with burglary if the door was unlocked?
Yes. Under Tennessee law, you do not have to break a window or force a lock. Walking through an unlocked door without permission to commit a crime is still burglary. BFP Law Firm in Greeneville can help you challenge the prosecution’s evidence.
What if I didn't actually steal anything inside the building?
You can still face a burglary conviction. The state only needs to prove you had the intent to commit a crime when you entered unlawfully.
How can a lawyer help if I am falsely accused?
A defense lawyer can prove mistaken identity or provide a credible alibi using surveillance footage and witness testimony. If you are falsely accused, reach out to a criminal defense lawyer in Nashville immediately for a consultation.
Will I definitely go to prison for a burglary charge?
Not necessarily. While burglary is a serious felony, a seasoned criminal defense attorney can often negotiate plea deals, challenge insufficient evidence, or seek a not-guilty verdict. Contact BFP Law Firm in Elizabethton to discuss the defense strategy for your case.