{"id":352007,"date":"2023-09-29T16:24:53","date_gmt":"2023-09-29T21:24:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/burglary-defenses.html"},"modified":"2023-09-29T16:24:53","modified_gmt":"2023-09-29T21:24:53","slug":"burglary-defenses","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/burglary-defenses.html","title":{"rendered":"Burglary Defenses"},"content":{"rendered":"\n
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Burglary Defenses<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A defendant facing burglary charges needs a strong defense. There are a few common strategies that could lead to a "not guilty" verdict. Yet, every case is unique.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Whether you’ve been charged with first-degree or second-degree burglary, you could face serious penalties, including prison time. At a minimum, you will end up with a criminal record if convicted. Fortunately, you have options.<\/p>\r\n

Your burglary defense attorney can raise one of several defenses to the burglary charges. In some cases, they can claim mistaken identity. Or they may argue that you had permission to be on the owner’s property at the time of the offense.<\/p>\r\n

Sometimes, your criminal defense attorney<\/a> can prove that law enforcement lacked probable cause to arrest you in the first place. Depending on the facts of your case, there may be several possible defenses.<\/p>\r\n

If you are facing charges of burglary<\/a>, it’s important that you understand how common defense strategies can help you at trial. If convicted, you may be sentenced to state prison. You will also have to pay significant fines. Not only that, but nobody also wants to be a convicted burglar. This type of crime is hard to explain to a potential employer.<\/p>\r\n

Basic Elements of Burglary<\/h2>\r\n

Before diving into the most common burglary defenses, it makes sense to revisit the elements of burglary that the prosecution must prove. It’s also helpful to review the elements of robbery<\/a>, a similar crime that involves theft by force.<\/p>\r\n

Burglary consists of the following elements:<\/p>\r\n