If you are accused of a burglary charge, which is considered a serious criminal offense with harsh penalties, beating your case can be challenging. The prosecution will collect available evidence to prove your guilt. You will need some strategies, attention to detail, and an experienced criminal defense attorney. Keep reading this entire article to find out the ways to beat a burglary charge.
Beating a Burglary Charge
While the specifics can vary depending on jurisdiction and circumstances, here are some ways to beat a burglary charge:
-
Factual innocent
The first way to beat a burglary charge is by showing that you did not commit the burglary crime. This is called “factual innocence” defense. In this way, you must be able to cast reasonable doubt on the case brought by the prosecutor, or show that you did not commit any elements of the burglary crime. Also, you can do this “factual innocence” defense if you were a victim of false accusation. Someone who has a grudge against you may accuse you of robbery. Whatever the reason, you can beat the charge by showing that you are actually innocent of the offense.
-
Having no criminal intent
Burglary is the act of entering a building illegally with the intent to commit a crime, usually theft, once inside the building. In the Criminal Code, burglary is called “breaking and entering.” It means that you will be able to beat a burglary charge by showing that you enter a building with no criminal intent. Aside from that, you must also consider the timing of your intent. If you did not have the intent to commit a crime when you entered the building, then you cannot be found guilty of this offence.
-
Police misconduct
During the investigation, the police must obey the law and behave properly. However, there are times when the police are so eager to solve a case that they make mistakes and violate your rights such as intimidating witnesses, planting or falsifying evidence, lying in the reports, getting evidence without a warrant, and forcing your confession. If any of these occur, then you can beat a burglary charge by providing evidence of such and showing that you were a victim of police misconduct.
-
Having a claim of right over an object
You can also beat a burglary charge by having a claim of right. As we know, a “claim of right” refers to a legal assertion that you have a legitimate ownership interest or right over a particular object, property, or asset. Of course, this claim will be able to serve as a defense against certain criminal charges, especially in cases where you are accused of a burglary charge. For example, if you take an object that you believe belongs to you, you can use a claim of right as a defense against a burglary charge, arguing that you have no intention of seizing the property permanently. Your claim will succeed if you can show receipts that prove you are the owner of the property in question.
-
Act with the permission of the property owner
Another way to beat a burglary charge is by showing that you acted with the consent of the property owner. Lots of states say that you are not guilty of a burglary offense if you entered a building or vehicle with the consent of the building or vehicle owner. However, some jurisdictions say that the defense only applies if the property owner permits you to enter the property, and the owner is aware of your intention to commit a crime.
Well, the text above is an explanation about the ways to beat a burglary charge. In addition, if you are having a burglary charge, we highly suggest consulting with an experienced criminal defense attorney. An experienced attorney will help you solve your charge and ensure that your criminal record remains clean.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
