The Dothan criminal defense attorneys at Parkman & White, LLC handle Burglary cases throughout Alabama, and are familiar with the various laws concerning Burglary.
Burglary generally means entering the building of another person with the intent to commit a crime while inside. In other words, it is more than just a trespass, which simply involves entering property against the property owner’s wishes. The prosecution actually has to prove that while in the property, you were going to commit another crime. There are multiple degrees of Burglary that can lead to an arrest and, upon conviction, different levels of punishment.
The most serious form of Burglary (Burglary I, Residential Burglary, or Burglary 1st) usually involves entering the home of another person, while armed with a deadly weapon, with the intent to commit any crime (including a misdemeanor) while inside. Burglary I also applies to a situation in which a defendant enters the home of another person with the intent to commit any crime and a person that is not participating in the crime suffers a physical injury. Some states used to require this offense to take place at night, but this requirement has generally been abrogated. A typical Burglary I charge involves an unarmed person breaking into a home intending to commit a crime, such as Rape, and the victim suffering injury. Another form of Burglary I would be if the defendant, while armed with a weapon, enters another person’s home intending to commit a theft of property. Burglary I can be punishable by up to life in prison.
Burglary II is similar to Burglary I, except Burglary II requires the intent to commit a theft or felony while inside the residence (it would not apply to a non-theft misdemeanor in a residence). Another form of Burglary II involves a building that is not someone’s home. Burglary II would apply to a commercial building, warehouse or place of business if the defendant is armed and enters with intent to commit a theft or felon, or someone (who is not participating in the crime) is injured. While less serious than Burglary I, Burglary II can still have serious consequences and a long term of imprisonment.
Burglary III, while extremely serious, is the lowest level of Burglary. Burglary III typically involves a defendant entering into a non-residence with the intent to commit any crime while in that building. This, like some forms of Burglary II, applies to commercial buildings and not homes. Burglary III does not involve a weapon, and typically no injuries are involved.
The Dothan burglary lawyer at Parkman & White, LLC know what constitutes the offense of Burglary, and they know how to defend someone charged with any form of Burglary, whether it is a case of false identification, or the State cannot prove the Defendant’s intent. Whether you are located in Dothan, Troy, Abbeville, Enterprise, Geneva, Ozark or anywhere throughout Alabama and the Nation, we will work with you to find the best defense and the best result for your Burglary charge. Email us or call our burglary lawyer today at 334-366-6086.
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