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Burglary generally refers to the unlawful entry into any structure for the purpose of committing a felony or theft. In some states, even the intent to commit is a minor misdemeanor and can qualify as burglary.
If there is no malicious intent, no use of force and no weapons carried, you may be charged with the lesser crime of Trespassing. However, you can be accused of Burglary even if you did not steal any property.
If physical force was used to enter the premises, the crime is referred to as Breaking and Entering, though these terms are often used interchangeably. The word "physical force" is interpreted very loosely. Even the small amount of force needed to open an unlocked door or entering a building by means of fraud can be construed as "physical force" and result in being accused of Breaking and Entering.
If another person is present in the structure during the crime, you may be charged with the more serious crime of Robbery which involves the use of force or fear. If you carry a weapon during the robbery, whether or not the weapon is used, you can be charged with Armed Robbery, which is more serious and carries harsh sentences and penalties.
Burglary and breaking and entering can be taken very seriously and may involve time in prison and costly bail or no bail at all. The penalties are always higher in offenses that are serious or involving violence.
For a defense against burglary or breaking and entering to have a higher degree of success it is important for criminal lawyers to start working during a pre-trial investigation. Our experienced criminal lawyers will perform our own investigation to uncover mistakes made by the prosecution, identify evidence that is in your favor and allow the use of expert witnesses, DNA analysis, polygraph tests or other tools.
The prosectuor and detectives only have one goal, to prove you guilty. They give you a court-appointed attorney or public defender, who is overburdened, to save your life.
Defending against burglary or breaking and entering necessitates pre-trial investigation by a criminal lawyer with the time and resources to add reasonable doubt. Our lawyers prepare every case for trial. We will not rush to plea your rights away.
A winning defense requires a pack of the best lawyers and experts, not just one attorney. Prosecutors will stop working on a case if they feel they don't have a good defense and can't prove anything in trial. It is critical to dive deeper than the prosecutor and raise reasonable doubt to win in the courtroom if necessary.
At LibertyBell Law Group, we have the best team of criminal attorneys with experience defending against burglary and breaking and entering.
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Call us now at 855-LAW-PRO1 (855-529-7761) for a free consultation with one of our criminal attorneys. We stand ready to defend you both inside and outside the courtroom. Early intervention is the key to our mutual success.
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Our lawyers, Tennen and Wirsching, get No Prison Time for our defendant in a federal court case involving millions of dollars in an illegal international gambling ring, extortion, RICO, and money laundering.
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ca_medical_marijuana_criminal_attorneys.mp3Gina Tennen, Managing Attorney, and Jennifer Wirsching, Supervising Attorney, give expert opinions in KABC's Peter Tilden Show on California medical marijuana laws and the recent federal raid on Oaksterdam.
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