If you have been charged, the best defense for your burglary charge starts with contacting an experienced attorney in your area. Our laws protect us by assuming that we are innocent until we are proven guilty; however, in order to protect your rights, you should take steps to defend yourself rather than assume that the prosecutor will fail to prove you are guilty. Experienced burglary lawyers have several strategies that they use in order to rebut the allegations made by the prosecutor. In order for you to have the best chance at winning your case, you need an experienced attorney to mount a full defense on your behalf.
One-Size-Fits-All Does Not Apply For Creating Your Best Defense
Just as each burglary charge is unique, the circumstances surrounding the allegations are also unique. This is not a “one-size-fits-all” situation where what is best for one person will always be best for another. In fact, trying to duplicate another person’s strategy from a different court could make things worse.
Your lawyer should understand your various options and devise a strategy that is unique and personalized to fit the specific circumstances and facts surrounding your offense. Strategies must be tailored to fit the specific set of facts for each case in order for you to have the best chance of winning. The prosecutor must prove beyond a reasonable doubt that you are guilty for you to be convicted and sentenced. Any attorney with any degree of competence will use this to his or her advantage when defending your rights in a court of law.
It is never advisable to use the same strategy as someone else just because it has worked for him or her. Unless the facts and circumstances of your case are identical in every way to another case, the ‘one-size-fits-all’ strategy may blow up in your face and result in you being sentenced to hard time in prison.
Common Defenses to Burglary Charges in California
While there is no one absolute defense that will work best in every case, attorneys have developed several common strategies that have worked in numerous cases. A good lawyer can use these basic arguments and tailor them to fit the facts and circumstances of his or her client’s situation.
- Mistaken identity – If the description of the alleged perpetrator can fit any number of people, the attorney may be able to argue that this is a simple case of mistaken identity. This is a strong defense if you have a witness that can place you somewhere else at the time of the alleged act.
- Improper questioning – If the arresting officer failed to read you your Miranda rights at the time of your arrest, anything you said after your arrest may be inadmissible in court. Furthermore, any evidence that was discovered as a result of your answers to improper questions may be thrown out as well.
- You had permission to remove the items in question – This may be used if you took the items in question and truly believed that the owner gave you permission to remove the items. This is typically used in situations where the defendant is the actual owner of the property or when the owner of the property has willingly invited the defendant to enter knowing that the defendant may have illegal intentions.
- Alibi – An alibi is often the best defense in cases where the defendant was not arrested at the scene of the crime. If the lawyer can present witnesses or other evidence that proves that you were somewhere other than at the scene of the crime when the crime was committed, you can avoid a conviction.
- Illegal search and seizure – In order for a police officer to search you or your property, he must have probable cause or obtain a search warrant. Under the Fourth Amendment of the U. S. Constitution, we are protected from illegal searches and seizures. Any evidence that was obtained through an illegal search will be inadmissible in court.
- Lack of intent – An element that a prosecutor must prove is that you had the intent to commit theft or another felony when you entered a location. If you did not have the intent to commit your offense when you entered the premises, you cannot be found guilty of this offense. For example, if you had been drugged before entering the premises and only decided to take something after you were inside, your attorney may be able to use this to defeat the charges. Voluntary intoxication is typically not considered a valid defense under lack of intent.
What is the Best Defense?
The best defense to a burglary charge is to hire an experienced attorney. This is a very serious crime and the laws governing burglary in California are complex. You will not be able to successfully use some of the above strategies without the assistance of an attorney who understands the specific laws and who is able to file the proper motions and make the correct arguments to convince a judge or jury that you are innocent.
You can defeat a burglary charge. However, you first need to hire a skilled lawyer who can develop a defense strategy that will work in the given circumstances of your case.
Those facing charges that occurred in San Diego County, Orange County, Riverside County, or Los Angeles County can obtain a free professional consultation from a skilled attorney with extensive experience. Call (888) 250-2865 to receive assistance from a real person at any time of the day to help you determine the best defense for your burglary charge.