Burglary might conjure up the mental image of a masked figure in gloves picking a lock to enter a house and steal valuable items. While that scenario would likely qualify as burglary, the crime itself is simpler than in the popular imagination.
A burglary charge can carry serious prison time and criminal fines if you are convicted. Fortunately, a Newark burglary lawyer could help you build a defense and ensure that your rights are respected. If you have been charged with burglary, reach out to one of our well-practiced theft attorneys today.
As defined by New Jersey statute, burglary is committed when a person enters a “structure” without authorization for the purpose of committing a crime. Intent is perhaps the most important, as it is required for your actions to be considered burglary.
Unlike the popular image of someone breaking in through a window or door, an individual entering through an open entryway is a burglar if doing so without permission. The structure itself does not need to be a home but can be any building, such as a store, an industrial workplace, another business, or even a car or a trailer. A burglar can loiter or hide inside a building beyond when it is open to the public.
Because the crime of burglary must meet each of the three elements—entering a structure, no permission, and intent to commit a crime—seeking the aid of a Newark burglary defense attorney who can place doubt in the jurors’ minds could make a huge difference in the outcome of your case.
A skilled defense attorney could protect your rights and build a strong defense at every stage of the legal process. From the investigation leading up to a potential charge to the proceedings in court, your attorney could challenge the evidence gathered by law enforcement.
For example, the Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures, and evidence obtained from an illegal search is usually inadmissible in court. Furthermore, a lawyer could challenge evidence as merely circumstantial or as unreliable, such as the account of an eyewitness who cannot quite identify the burglar or who delivers an inconsistent story.
Your defense attorney could also show that the prosecution cannot prove that a burglary was even committed. Based on the three elements of burglary, arguments can be made that you were permitted or authorized to enter the building in question and that there was no intent to commit a crime.
You might have entered by mistake or been a victim of exigent circumstances, rather than someone trying to get into a building and steal something or hurt someone. In such cases, you should not be convicted of burglary, and a Newark attorney could advocate for you in court.
If you find yourself charged with burglary, you might be unsure of what your next steps should be. You have the right to defend yourself, and a Newark burglary lawyer could provide the assistance you need to do so.
Whether challenging evidence or arguing that you did not commit a crime at all, your attorney could mount a robust defense to protect you and your freedom. Contact an attorney from our firm today to discuss your legal options.
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