Affordable Burglary Lawyer
In Colorado Springs, CO

Required Elements of Burglary

To obtain a conviction for burglary, the prosecution must satisfy the elements of the crime as written in the burglary statute, including the following:

• Unlawful entry
• Entry into a dwelling or structure belonging to another
• The intent to commit a crime once inside

The unlawful entry element can happen in many ways. It may involve breaking and entering. Examples include picking a lock, breaking a glass door, or simply walking through an open door. Additionally, an individual may gain access to a dwelling through other means, including fraud.

The second element requires a defendant to enter a structure belonging to another, whether that is a home or business. Typically, state law requires entry to a building as opposed to a closed-off outdoor area. The structure must also be closed to the public at the time of the crime.

Lastly, the defendant must have the mental intent to commit the crime.

Defenses for Burglary Charges

A defense attorney helps to create a defense strategy that responds to the particulars described in your charges. Some of the common defenses for burglary charges include the following:

• Lack of intent
• Consent
• Issues with identification
• Lack of evidence

A defense attorney may claim a defendant did not have the required intent to commit a crime of burglary. Without mental intent, the prosecution does not satisfy all of the required elements of burglary.

The defendant could have consent from a property owner to enter the property. Consent could relate to either entering the property or consenting to the alleged crime committed therein or both.

To be convicted of burglary, the prosecution has the burden to prove a crime was committed, and that the defendant did commit the crime. Identification is often an issue in criminal cases, and more so in burglary cases, because there may not be witnesses.

Lack of evidence is a common problem in criminal cases. If the prosecution does not have sufficient evidence to prove a defendant committed a crime, the defendant may use a "beyond a reasonable doubt defense to their advantage.

A defense attorney will thoroughly review your situation and charges to better determine which defenses benefit your case.

Work with an Unbundled Lawyer on Your Case

Getting charged with burglary can be stressful and overwhelming, and an unbundled lawyer will help handle your case. Criminal cases are challenging to navigate alone, but an experienced attorney has the knowledge and resources to help you achieve the most favorable outcome.

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