Common Burglary Defenses and How They Work

A burglary charge can be serious, but knowing the defenses is key to protecting yourself. To convict someone of burglary, the prosecution must prove beyond a reasonable doubt unlawful entry and intent to commit a crime or break a law. That’s where a good burglary lawyer comes in and builds a defense to challenge those claims in court and help your case.

Understanding Burglary Charges

Before we get into the common defenses, let’s understand the basics of a burglary charge. In most cases, the prosecution must prove:

• Unlawful Entry: The accused entered a property without permission.
• Intent to Commit a Crime: The entry was to commit a crime, such as theft or vandalism.

The defense’s job is to challenge those elements and present evidence against the accused crimes or arguments to show the prosecution’s case isn’t airtight.

Common Defenses

Lack of Intent

Intent is the key to any theft case. Without it, there’s no burglary. The defense may argue the accused did not plan or intend to commit a crime when they entered the property.

Examples Where Intent May Be Challenged:

1. Entering a building by mistake, thinking it’s public or owned by a friend.
2. Being inside a property for a legitimate reason, such as to retrieve belongings.

This defense often involves presenting evidence the accused’s actions were accidental or misinterpreted.

Consent to Enter

The prosecution must prove the accused entered the property unlawfully. If the defense can show the defendant had permission to enter the property, the “unlawful entry” element of the charge is invalid.

Key Evidence for Consent Defense:

For example, if the defendant was invited into a home and later accused of robbery, this defense could get the criminal charges dropped.

Alibi Burglary Defense

An alibi proves the defendant was not at the scene when the alleged criminal burglary occurred. This is a simple but powerful defense if you have the evidence.

Common Alibi Evidence:

• Receipts or timestamps from other places.
• Video footage of the defendant elsewhere.
• Witness testimony of others who were with the defendant.

This criminal defense works best when you have multiple pieces of evidence to back up where the defendant was.

Misidentification

Mistaken identity can lead to wrongful criminal accusations. This defense proves the defendant was misidentified.

How Misidentification Happens:

• Poor lighting at the scene.
• Stress affecting eyewitness memory.
• Similar physical appearance of the accused and the real perpetrator.

A criminal defense attorney may bring in expert witnesses to explain why certain eyewitness identifications are unreliable or use other evidence like fingerprints or DNA to prove innocence.

Coercion or Duress

This defense applies when the accused acted under threat or duress and believed they had no choice.

For Duress to Apply:

• There must be evidence of immediate danger or harm.
• The threat must have left no reasonable way to refuse.

Example: A person is forced to break into a building under threat of violence to themselves or a loved one. While this doesn’t entirely excuse the act, it can reduce or cause the charges to be dropped.

Insufficient Evidence

If the prosecution can’t prove the elements of burglary, the defense can argue that the charges should be dismissed. This may include:

• No proof the accused entered the property.
• Weak intent.
• No connection to the crime.

An experienced criminal burglary defense lawyer can find holes in the law or the prosecution’s case and use them for your benefit.

Summary of Burglary, Robbery, or Theft Defenses

How a Lawyer Can Help Your Criminal Case

Defending against criminal burglary charges is complex, and working with an experienced burglary lawyer can make a significant difference. They can:

• Analyze evidence to identify weaknesses in the prosecution’s case.
• Develop a defense strategy tailored to the situation.
• Negotiate plea deals or alternative sentencing options if necessary for the crimes.

Every criminal burglary case is unique, and a lawyer’s expertise ensures the best possible outcome for the crimes the defendant is accused of.

Need Help With Your Burglary Case?

Contact Azhari LLC today for expert legal guidance and personalized defense strategies. We’re here to ensure your rights are protected every step of the way.