Burglary is taken seriously and the resultant penalties for a burglary charge can be hefty, especially if the alleged burglar used force. As a result, prosecutors pursue these charges diligently. If you want to know more about the prosecution of burglary in West Palm Beach, get in touch with an adept burglary lawyer who can mount a solid defense for you and explain what to expect.
Degrees of Burglary
There are different, varying degrees of burglary. Prosecutors treat all burglaries seriously but, they do not all treat all burglaries as seriously as other crimes. If someone broke into someone else’s tool shed and stole their lawnmower, to mow their lawn but put the lawnmower back, it is a burglary because they broke into the tool shed and took the lawnmower that is worth $300, but if it was not damaged and the intention was not malicious, an individual is not going to be treated as harshly as someone who broke into someone else’s home, ransacked all their personal property, and took all of their money, and/or valuables.
How Prosecution Treats Burglary Charges
The prosecution of burglary in West Palm Beach is dependent upon the facts and circumstances of what was trespassed onto, was it a vehicle, a structure or business or a home, was the home occupied, was there a weapon involved, was there any violence involved, and what was taken. All of these factors will be taken into consideration.
A prosecutor is going to look at all of those things and decide how to treat the charges. All burglary charges are invasive to a person’s personal space. To a victim of the burglary, it is upsetting to believe that someone did that to them and they want a prosecutor to treat a burglary charge much more serious than just a theft charge or a drug charge because there is a victim whose property was taken and whose space was violated without their consent.
Elements of the Crime Prosecution Must Prove
Burglary means entering a dwelling, structure, or conveyance with the intent to commit a crime after an individual has entered unless it is a public space where the person has the right to be in there. Burglary is a trespass or entering to a home, building, or conveyance, with the intent to commit a crime therein.
When dealing with the prosecution of burglary in West palm Beach, one of the defenses an attorney ca use is that everything was open to the public or that the accused was invited or licensed to be in there. If someone goes into a grocery store and steals something, that is not a burglary because it is a public space; they are invited to go in there. It is a store. If they break into someone’s house or private property and steal something, it is burglary because it involves a trespass and a theft.
Difference Between Burglary and Trespassing
The prosecution of burglary in West Palm Beach entails that the prosecution show intent on the behalf of the burglar. Burglary is trespassing with the intent to commit a crime once the individual is inside. Trespassing is an unlawful non-permitted entry without any intent to do anything.
A trespass would be a lesser-included offense of burglary. An individual can break into someone’s home but have no intent to steal anything or take anything and that would be a trespass. If an individual breaks into someone’s home with the intention of taking something, that is a burglary.
If a person breaks into someone’s home because they need a place to sleep and they find someone sleeping on their couch but the person has not taken, disturbed, or broken anything, that would be trespassing. If an individual finds someone sleeping on their couch and that person has eaten all the food in the house, ransacked everything, and emptied all the medicine cabinets or liquor cabinets, that would be a burglary because of the theft of the food items and or damaged the property itself after the initial trespass.
Necessity of a Lawyer
If you have been charged with burglary, a burglary attorney can be an invaluable resource. An experienced lawyer will have dealt with the prosecution of burglary in West Palm Beach before, and can attempt to craft a solid defense that counters the prosecution’s argument. Seek the legal services of a West Palm Beach criminal lawyer and know that you are in capable hands.