Wilton Burglary Lawyer
Advice and counsel from a Wilton burglary lawyer can help in preventing a conviction from your alleged offenses. It can be wise to work with a top defense lawyer right from the start, one who can represent your interests, protect your rights, and work to take advantage of every opportunity to reach a favorable outcome.
What Are Defense in Burglary Cases?
It is essential to remember that the prosecution has the burden of proving that the person accused committed a burglary, and that means they must prove every element of the particular crime, beyond a reasonable doubt. While there are different degrees of burglary with varying elements for each crime, they all share some elements in common. For someone’s actions to constitute burglary, they must enter or remain inside a building without lawful permission and with the intent to commit a crime in that building.
To fight burglary charges of any type, it is helpful to look for evidence to refute one of these allegations. For example, a Wilton burglary attorney can present evidence to show that you entered the building for a reasonable, legal purpose and had no intent to commit a crime.
If this evidence provides the court with reason to doubt that any elements of the crime have been met, then the case could be dismissed. Connecticut General Statutes (C.G.S.) §53a-104 also explains that an individual may fight burglary charges by showing that the building involved had been abandoned.
What Are the Degrees of Burglary?
An individual may be arrested and charged with burglary in the first, second, or third degrees. The least serious offense, third-degree burglary under Connecticut General Statutes (“C.G.S.”) § 53a-103, is a Class D felony. This crime occurs when someone commits a basic burglary with no aggravating factors.
How Serious Is First- and Second-Degree Burglary?
Second-degree burglary, under C.G.S. § 53a-102, involves someone unlawfully entering or remaining in a dwelling rather than another type of building such as a warehouse. In addition, someone other than the alleged perpetrator must be in dwelling at the time of the entry or illegal stay in the building. Burglary in the second degree is a Class C felony.
Burglary in the first degree, under C.G.S. §53a-101, is the most serious burglary offense, penalized as a Class B felony. If someone commits a burglary in a dwelling at night, it is treated as first-degree burglary. Also, if someone commits a basic burglary and causes or attempts to cause injuries or is armed with a deadly weapon or explosives, then the crime is also considered burglary in the first degree.
What Are Burglary Penalties?
A burglary lawyer in Wilton can present mitigating circumstances to advocate for alternative sentences or a reduction in penalties, but it is important to be aware of the potential penalties that could be levied by the court. For third-degree burglary, the court could sentence a convicted individual to up the five years in prison and a $5,000 fine.
The maximum penalties double for someone found guilty of second-degree burglary to 10 years in jail and a $10,000 fine. Moreover, for burglary in the first degree, the potential term of imprisonment could be as long as 20 years, with a fine of up to $15,000.
Talk to a Wilton Burglary Attorney
Assistance from a defense lawyer who understands burglary cases could provide the most opportunities for a positive outcome. To learn more about how a Wilton burglary lawyer can fight to protect your rights and your future, call Mark Sherman Law now for a consultation.