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Ward K Johnson Law

Ward K Johnson Law

Minot ND Things to Know If You Are Facing a Burglary Charge

There are many charges relating to the loss of property like burglary, theft, and so on. Each is its own distinct charge and is defined specifically in law. If you are facing a burglary charge, there are a few things to keep in mind. Your Burglary Lawyers Minot ND should be able to defend your case based on the stipulations encoded in law.

How the Prosecution Will Try to Prove that You are a Burglar

To prove a burglary there are a few things that the prosecution will try and prove you guilty of-

  1. Entering a Structure: Burglary involves breaking into a place- whether it is an office, school, tent, or someone’s home. Sometimes there is a difference between a commercial burglary (in commercial spaces like stores or office complexes) and residential burglary (in spaces such as homes or apartments). Residential burglaries are usually punished more severely. A Burglary Law Firm Minot ND does not need to prove that the person’s entire body entered the building. Reaching in through a window or using a tool also falls under the burglary umbrella. 
  1. Entering Illegally: This means that the prosecution will try to prove that you entered the structure without permission. Public buildings do not fall under burglary, private ones do. Places like parks that have open public access do not fall under this category.
  1. Entering with Force: In some places, burglary requires forced entry into a building. This could be as simple as lifting open an unlocked window, breaking a door, or picking a lock. Therefore, it is generally easy for Burglary Lawyers Minot ND to prove. However, there are several states where this is not required, and simply walking into a store through the entrance could fall under a burglary. Hence, you should look into the laws prevalent in the state that you live in if you are facing a burglary charge.
  1. Entering with Intent: To successfully convict someone of a burglary, the primary category a prosecuting Burglary Law Firm Minot ND needs to prove is the intent to commit a felony or theft. Typically burglaries involve stealing property, but it is also a burglary if someone enters a property with the intent to commit assault or property damage. Intent can be proved in a few ways. Confession made to police officers (or others) can be very strong proof, as the person themselves admit that they are guilty. Circumstantial evidence, like finding the tool used to enter the building in your backpack, could also be used but this can be harder to prove. Sometimes they could also use convictions of prior burglaries can also be used as proof of intent.

Penalties That You Could Face If Convicted of a Burglary

Burglary offenses are considered felonies, although some cases could even be misdemeanors. While the sentencing options differ across the country, there are some broad areas of possible penalties-

  1. Jailing and Prison: Depending on the state and circumstances, you may receive a sentence of up to 20 years in prison. More minor cases can receive a years’ worth of incarceration in state prison, or even jail time for misdemeanors.
  2. Fines: Fines levied if you are convicted of burglary are usually significantly high. You will find that they range anywhere between 1000 dollars to 100,000 dollars.
  3. Restitution: You may also be required to provide compensation for the property taken. This is levied in addition to any court-imposed fines. A good Burglary Law Firm Minot ND can attempt to argue against restitution in your case.
  4. Probation: A judge could also sentence you to probation time independently, or in addition to a jail or prison sentence.

This article is intended as informational only and is not a substitute for legal advice. If someone has filed burglary charges against you, please visit Ward K Johnson for expert advice from Burglary Lawyers Minot ND.