Article submitted by Barry K. Rothman.
Burglary Law looks that the prosecution and defense crimes of a defendant who is accused of entering a structure to commit an illegal act or commit theft. Most offenses in this category are a felony and if convicted can include up to a year or more in prison. States will impose stronger penalties if the structure was a home and if it was occupied at the time. If the defendant has a fire arm, the penalties will be increased substantially.
Modern burglary statutes indicate that if the defendant enters a structure at any time of day through an open window or doorway without permission, the defendant can be charged under the burglary law.
Most robberies will not involve a confrontation between the perpetrator and the victim. Therefore, law enforcement investigators will have to rely on evidence and direct eye witness testimony to build a case. If a police officer arrests a person in regards to a burglary, they have the right in remain silent.
It is important that the defendant waits for a lawyer, as they can make mistakes when they are interrogated under pressure. The wisest action is to remain silent and insist on speaking with an attorney.
The best defense in a burglary case is to attack the elements that need to be proved by the government to make a conviction. The easiest element to refute is the requirement of intent. If the defendant’s lawyers can prove that the defendant entered the premises without the intent of theft, the structure of the case is weakened.