If you have recently found yourself in the midst of a criminal case for burglary, it is important that you have a sound, strong defense. Without this, it will be very difficult to beat the charges. No matter what the circumstances surrounding the incident, there may be some potential defenses that could help you. Working with a burglary offense law firm is the best option, but you should have an understanding of the situation yourself as well. Here are some basics you need to know about burglary charges and your options.

What Constitutes Burglary?

The first step in dealing with a burglary charge is understanding the actual charge itself. Without an understanding of what legally constitutes burglary, you cannot adequately determine your defense against the charge. Unfortunately, there are some misconceptions about what burglary actually is.

Many people believe that burglary is the act of breaking into a house to steal something. That leads to confusion about the difference between burglary and theft. While the specific definition of the crime can vary from state to state, in most states burglary is simply the act of entering the premises with the intent to commit a crime. The actual crime in question doesn't matter in terms of the burglary charge itself. Just the fact that you entered the premises (invited or otherwise) with the intent to commit any crime constitutes burglary.

What Type Of Crime Is Burglary?

You may wonder if a burglary charge is a misdemeanor or a felony. Depending on the severity of the incident and the additional crime that was committed, burglary can actually be charged as either one. Not only does the determination depend on the circumstances of the crime, but it also depends on the jurisdiction that you are in.

Some jurisdictions treat burglary as a felony regardless of the circumstances, and the only thing that the circumstances change is the degree of the felony that's charged. Your attorney can help you understand exactly what type of charge you're facing based on the situation at hand.

How Can You Defend Yourself Against A Burglary Charge?

You might think that you can easily have the charges dismissed if you didn't actually commit a crime while on the property. However, because burglary is defined as entering the property with the intent to commit a crime, you don't actually have to commit that crime to be considered guilty. All the prosecution has to prove is that you intended to do so.

This is the first avenue of your possible defense. If your attorney can build a compelling argument that you didn't actually intend to commit a crime, that may be enough to have the charges dismissed. It can be difficult to prove, though, so you'll want to work with an experienced attorney in this type of situation.

If you live in a state that also requires that you be on the property uninvited for burglary charges to apply, you may be able to use that to your advantage in your defense. For example, if the property owner had actually invited you into the home, or if you had a long-standing authorization to be on the property, you may be able to get the charges dismissed in this type of situation.

Finally, the best way to defeat a burglary charge is to prove that you weren't even on the property at all. If you have an alibi for the time in question when the burglary happened, this is your safest and strongest defense. Make sure that you give your attorney all of the information about your alibi so that he or she can gather documentation to prove to the court that you weren't even there at the time of the crime.

For more information, contact an attorney like Cheryl Brown Attorney at Law.