Burglary is any unlawful entry into a structure in which you intend to commit a felony or theft. As someone who may have been trespassing or entering a home uninvited, you need to be aware that there is a difference between an unlawful entry and burglary. If you’re accused of burglary, there are a few things that the prosecution will have to prove.
The prosecution is going to have to show that you intended to break the law, first. If you entered a property with the understanding that you were there legally, for instance, then you could argue that you weren’t attempting to break and enter. If you can provide a witness or alibi that says they also were of the understanding that you had the right to enter, that can help you confirm your case.
If you didn’t intend to cause damage or steal while in the property, that can also make it hard for the prosecution to make a case against you. For instance, if a person breaks into a home and is only watching TV, that’s very different from someone breaking into a home and looting a jewelry box or the home safe.
Any time you’re accused of a serious crime like burglary or theft, it’s in your best interest to work with your attorney to defend yourself from the start. You can create your defense and protect your reputation by knowing how to manage your case. Our website has more information on burglaries and thefts, so you can understand how these cases can play out in court.