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A burglary charge under Plainview occurs when a person enters a house or a building without the owner’s consent and that person is there in an attempt to commit either a felony theft or an assault. In such a case, the prosecution must prove that the defendant entered the building or home with the intent to then commit a felony theft or an assault.
It may be difficult to represent oneself to a judge or a prosecutor and to investigate one’s own case. The criminal justice system is complicated and a plaintiff may benefit from having the representation of a Plainview burglary lawyer that knows the criminal justice system and the laws and is willing to champion a plaintiff’s cause. An experienced criminal attorney could champion a plaintiff’s cause by examining the evidence and preparing a strong defense.
Steps The Prosecution May Take
Upon recognizing the gravity of the charge, the prosecution will file the charge and prosecute. While mitigating factors such as a defendant’s mental health or criminal history will be taken into consideration, the offense is taken seriously. With the assistance of a Plainview burglary lawyer, plaintiffs could explain mitigating factors to the prosecution.
Burglary vs Trespassing
Trespassing occurs when a person is at a home or a building without the owner’s consent, but that person does not intend to actually commit any further crime on the person’s property. Burglary occurs when that person goes into the building with the intent to then steal something from the owner or assault a customer or commit another felony.
Damage as an Aggravating Factor
In this scenario, the damage adds an additional aggravating factor to the case. Damage caused may mean that something was actually taken or destroyed or that somebody was actually hurt in the process or the commission of the offense. In the event that an attempted burglary causes damage, negotiation becomes difficult. If a defendant is then sentenced to a term of probation or is convicted of the offense, then the judge may also order restitution in order to get the accused person to reimburse the owner for any lost property.
If a person had a weapon on him or her, that would be an aggravating factor. If an individual was hurt in the commission of the offense or if the property was damaged, those would all be aggravating factors.
Different Degrees of Burglary
The offense starts out as a state jail felony, which means any level of burglary may be a felony. This could move all the way up to a first-degree felony, so it’s either state jail second degree or first degree. A Plainview burglary lawyer could help plaintiffs better understand the differences in these degrees relates to their specific case.
Penalties for Burglary
A person might get prison up to life depending on whether or not the person may have the elements that meet a first-degree felony and they could get a fine of up to $10,000.00. It’s also possible to get probation, which cannot be any longer than five years for a state jail felony or ten years for a second or first-degree felony. A Plainview burglary lawyer may have experience in contesting burglary charges and could help an accused person build a defense by examining the facts of their case.
Contacting a Plainview Burglary Attorney
In order to properly defend oneself in a burglary case, a plaintiff must understand the gravity of the charge as well as the legal nuances involved. A Plainview burglary lawyer may be able to provide the guidance and support the plaintiff needs. Contact an attorney today and get started on your case.