New Canaan Burglary Lawyer
A New Canaan burglary lawyer can defend your rights and your interests if you have been arrested for burglary. Having a top criminal lawyer at your side throughout proceedings can make the process less stressful and help you take advantage of all available opportunities to resolve the case in your favor.
What Are the Types of Burglary Charges?
State statutes define several different burglary crimes with different penalties. As an alleged offender in New Canaan, you can be arrested and charged with:
- First-degree burglary (Class B felony)
- Second-degree burglary (Class C felony)
- Burglary in the second degree with a firearm (Class C felony with nonsuspendable sentence)
- Third-degree burglary (Class D felony)
- Burglary in the third degree with a firearm (Class D felony with nonsuspendable sentence)
You can be arrested for burglary where the charge is not warranted, but to fight the charges successfully, it is necessary to collect evidence to refute the allegations. A New Canaan burglary attorney can seek evidence to prove that one or more elements of the crime are not satisfied and that therefore the charges should be dismissed.
How Does Connecticut Define Burglary and What Are the Defenses?
A commonly seen burglary crime is third-degree burglary, which is defined in Connecticut General Statutes (C.G.S.) §53a-103. You can allegedly commit burglary in the third degree if you go into or stay in a building with the intent of committing a crime and your alleged presence in the building is “unlawful.”
Accordingly, a burglary lawyer in New Canaan can fight the charges by showing that you had no intent to commit a crime or that they were authorized to be in the building. Moreover, under C.G.S. §53a-104, the law specifies that you can refute allegations of burglary by showing that a building was abandoned.
What Factors Can Aggravate Burglary Charges?
When you are accused of second or third-degree burglary and were allegedly armed with a firearm, or even pretend to have a gun or similar weapon, then the offense may be charged as burglary in the second or third degree with a firearm. As a result, one year of the sentence imposed by the court cannot be reduced or suspended.
The character of the building can also increase the severity of a burglary offense. If you allegedly and unlawfully entered or remained in a building used as a dwelling while another person is present, then the crime may be charged as second-degree burglary, which is Class C felony. This is sometimes known as home invasion. If you are found guilty, you can be sentenced to ten years in prison, twice as many as someone convicted of third-degree burglary.
In situations where you allegedly and unlawfully entered a building armed with explosives or a deadly weapon or dangerous instrument, the offense escalates to first-degree burglary, a Class B felony. Intentional or reckless infliction of injury during a burglary will also cause it to be treated as first-degree burglary. Finally, if you allegedly entered a dwelling at night, that is also considered burglary in the first degree, punishable by up to 20 years in prison.
Consult a Dedicated New Canaan Burglary Attorney
An experienced New Canaan burglary lawyer can collect and preserve valuable evidence and present that evidence persuasively to help reach a positive outcome in the case. For a confidential case evaluation to learn more about fighting burglary charges, call Mark Sherman Law today.