Ridgefield Burglary Lawyer
Burglary is often thought of as a theft crime, but that isn’t entirely true. As explained below, burglary can be charged in a variety of situations and it is important to properly contest these charges to protect your future.
No matter what circumstances led to your arrest or what specific degree of Burglary you have been accused of, this is not the type of allegation you should try fighting against without a seasoned defense attorney’s help. From start to finish of your legal proceedings, a Ridgefield burglary lawyer from our team will work tirelessly to protect your rights, build the strongest possible defense, and secure the best possible result for you in or out of court.
Defining Burglary as a Criminal Offense
The most straightforward version of Burglary that a Ridgefield attorney can help contest is Burglary in the Third Degree, which Connecticut General Statutes (“C.G.S.”) § 53a-103 defines as entering or unlawfully remaining inside a building with the intent to commit any crime while inside. This is a Class D felony carrying a maximum prison term of five years and a maximum of $5,000 in fines upon conviction, and as per C.G.S. § 53a-103a, possessing or threatening the use of anything purported to be a firearm during this offense will result in a mandatory minimum one-year prison term upon conviction which cannot be suspended or reduced by a judge.
If the building in question is a “dwelling” with at least one person other than the perpetrator inside at the time, the offense becomes Burglary in the Second Degree, which C.G.S. §53a-102 categorizes as a Class C felony carrying between one and ten years of prison time plus $10,000 in fines upon conviction. Once again, using, threatening, or purporting to possess a firearm during the commission of the offense adds a mandatory minimum one-year prison term, as per C.G.S. § 53a-102a.
Finally, Burglary in the First Degree, as defined under C.G.S. §53a-101, entails committing Burglary and:
- Being armed with explosives;
- Being armed with a deadly weapon or dangerous instrument;
- Knowingly or recklessly causing or attempting to cause physical injury to someone else in the process of committing the offense; and/or
- Committing the offense at night.
This is a Class B felony carrying between one and twenty years of prison time plus a $15,000 fine, with a mandatory minimum five-year prison term applying if explosives, a deadly weapon, or a dangerous instrument were involved.
Possible Defenses Against a Burglary Charge
Notably, C.G.S. §53a-104 states that proving the building in question was abandoned at the time is an affirmative defense against a Burglary charge. Outside of this scenario, successful defense strategies usually revolve around proving that one or more core elements of the offense, as defined in the Connecticut Penal Code, were not present in the defendant’s actions.
For example, if you stayed inside a building unlawfully but had no intention of committing any crime within, your offense likely qualifies as misdemeanor Trespassing at worst rather than felony Burglary. A burglary defense lawyer in Ridgefield can discuss the best course of action for a particular case during a confidential consultation.
Consider Working With a Ridgefield Burglary Attorney
Even if you had no intention of stealing anything, you may still find yourself facing charges for Burglary if the police believe you entered or stayed inside a private building with intent to commit some kind of crime inside. Since every variant of this offense is a felony, you will need help from a defense attorney who knows how to handle felony charges proactively and with an eye toward getting the best possible result.
Fortunately, that is exactly what you will get if you retain a Ridgefield burglary lawyer from Mark Sherman Law. Call today to learn more or see what past clients have said about our services by looking at the 300+ verified reviews on our Avvo.com profile.