If you are facing burglary charges in PA or NJ, we can help.Our Philadelphia burglary lawyers and criminal defense attorneys have successfully defended against burglary allegations involving both residential and commercial properties. We have successfully defended thousands of criminal cases, winning both pre-trial dismissals and acquittals at trial. If you or a loved one are facing burglary charges, call us at 267-225-2545 to discuss your case and how we can help.
Burglary is always graded as a felony charge under Pennsylvania law. There are various types of trespassing charges such as defiant trespass which may be graded as misdemeanors, but Burglary is never less than a felony of the second degree.It may be properly graded as a first or second degree felony depending on whether the property allegedly burglarized was a residential property or a commercial property and whether someone was present at the time of entry.
If the allegations involve a store or other commercial property and there is no one present at the time of the entry, then the charge would only be a second degree felony.
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The manner in which the crime was allegedly committed has no bearing on the gradation of the charge. This means that there is no requirement that the defendant must have been armed for a burglary to be a first degree felony, and there is also no requirement that the burglar actually commit any type of breaking and entering. A defendant who gains access to a building through deceit or some type of trick could be liable for a first degree felony despite the fact that no force was involved in the entry.Further, although burglary almost always involves a building or occupied structure, it is possible for a defendant to be charged when the defendant allegedly breaks into a gated, commercial lot with the intent to commit a crime once inside the lot.
The words burglary and robbery are often used interchangeably, but they are very different crimes. Burglary involves committing a crime in a building or occupied structure, while robbery involves committing a theft by taking property from a person. It is possible to commit both a robbery and a burglary at the same time because a person could break into a building with the intent to commit a robbery once inside. In that case, the defendant would be properly charged with both offenses.
The intent to commit a crime therein element of the statute can be satisfied by showing that the defendant had the intent to commit any crime. The Commonwealth does not have to show that the defendant intended to steal something or commit some type of the.For example, if you break into someone's house with the intent to assault the person, you could be guilty even though you did not intend to steal anything. The prosecution only has to prove that the defendant intended to commit some sort of crime once inside the building - not that the defendant actually intended to steal something.The prosecution does not always have to prove the specific crime that the defendant intended to commit; they must prove only that the defendant intended to commit some crime other than the entry into the building itself.
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There are often defenses in burglary cases, and our attorneys have successfully defended countless cases with pre-trial motions and at trial. Each case is different, but potential defenses to the charges in your case may include:
Given the seriousness of the offense and the real potential for incarceration, it is critical that anyone charged with burglary in Philadelphia or the surrounding counties contact the experienced criminal defense attorneys of Goldstein Mehta LLC immediately.
Burglary is a particularly serious charge because the burglary of a residence when someone is home is considered a crime of violence, and therefore it can constitute a strike for purposes of Pennsylvania's three strikes mandatory minimum law. If the defendant has previously been convicted of certain crimes of violence, first degree felony burglary could carry a mandatory minimum of 10-20 years of incarceration for a second strike and 25 to 50 years in prison for a third strike. Even where the defendant does not have prior burglary convictions, the sentencing guidelines suggest jail time for most first degree felony burglaries and many second degree felony charges depending on the defendant's record.Under Pennsylvania sentencing laws, first degree felonies are punishable by up to 20 years in prison, and second degree felonies are punishable by up to 10 years in prison. The sentencing guidelines for convictions are particularly steep when the defendant is convicted of breaking into a property in which someone is present.
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The Philadelphia Criminal Defense Attorneys of Goldstein Mehta LLC have extensive experience and a proven track record of success in defending against burglary and other related charges such as criminal trespass and theft. When you hire us, we will use that experience to fight for you. We have won motions for lineups, pre-trial motions to suppress identification and physical evidence, obtained dismissals at preliminary hearings, and successfully convinced judges and juries of the defendant's innocence by pointing out inaccuracies in the eyewitness' or complainant's testimony. If you are facing criminal charges, we need to start investigating your case right away.Valuable evidence such as surveillance camera footage or alibi testimony could be lost due to delay. Start planning your defense today. Call 267-225-2545 for a free criminal defense strategy session with one of our Philadelphia Criminal Defense Lawyers.
(1) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;
(2) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present;
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(3) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or
(4) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.
(b) Defense.--It is a defense to prosecution for burglary if any of the following exists at the time of the commission of the offense:
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(ii) If the actor's intent upon entering the building, structure or portion under subparagraph (i) is to commit theft of a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, burglary is a felony of the first degree.
(d) Multiple convictions.--A person may not be sentenced both for burglary and for the offense which it was his intent to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.Burglary is a serious crime that by legal definition is the illegal entry into any property if you intend to commit a crime, which is not limited to just theft or vandalism. Due to the seriousness of the crime, those that are charged with burglary could face serious penalties. In some cases, a felony burglary charge can result in well over a decade in imprisonment. Due to this, if you are charged with burglary, it is important that you have a good defense attorney by your side. There are several factors to take into consideration when you are choosing a burglary criminal defense attorney.
When you are charged with a crime, the entire process can start moving very quickly. Due to the speed at which a case will move, you will want to have an attorney that will be available when you need them. You can often get a sense of this based on the responsiveness of the attorney when you initially reach out to them. If it takes a couple of days for them to get back to you, it could be a sign that they are too busy. You should look for an attorney that responds quickly and has the resources on their team to dedicate to your case. This way, if they do get busy with other cases, they will still have the help needed to dedicate to defending your case.
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The legal world in any given city is somewhat small. Because of this, defense attorneys, prosecutors, judges, and other legal professionals are likely used to working with each other and have formed professional relationships. When you have an attorney that is well-connected and experienced in your local area, it could prove to be beneficial. This experience and local connection could help the attorney move things along quicker but will also benefit them in the courtroom as they will understand the judge’s style, and they may be able to predict the strategy that will be used by the prosecutor. Those that have positive relationships may also have better luck when it comes to negotiating a favorable outcome if
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