The law in Manhattan contains many provisions designed to provide people with a feeling of security in their homes or wherever they may currently be dwelling. As such, punishments are often harsh when a person unlawfully enters these structures with the intent to commit a crime.
Burglary is a felony offense, and a conviction is likely to result in a lengthy prison sentence. Aggravating factors can also make a sentence even longer.
If you are facing accusations involving burglary, it is essential to reach out to a skilled theft attorney right away. A Manhattan burglary lawyer could help you understand the nature of the charges, investigate the incident, and work towards limiting the impact of these charges on your life.
Defining Burglary under State Law
Kansas Statute § 21-5807 defines burglary as entering into a building or vehicle with the purpose of committing a serious crime. These serious crimes include theft, sexually motivated crimes, or any felony. A person having the desire to commit a crime once inside is what separates a burglary charge from simple trespassing or breaking and entering.
All burglaries are felonies, but the exact severity of the charge depends on a few key factors. The first is the type of building or vehicle that the defendant is alleged to have entered. Those who allegedly enter cars, boats, or other means of transportation face the least harsh sentences. Here, the prosecutor can file charges at severity level 9, nonperson felony.
Individuals accused of entering buildings that are not dwellings, such as offices, face more severe penalties. The harshest penalties apply when the building is a dwelling or when there is a person present in the location. A Manhattan attorney could explain the nature of one’s burglary charges and their consequences in more detail during an initial consultation.
Defending Against Burglary Charges
Prosecutors always bear the burden of proving that a burglary occurred beyond a reasonable doubt. As a result, defenses will concentrate on creating this reasonable doubt in one or more of the elements that the prosecution must prove.
One absolute defense to a burglary charge is to demonstrate that a person entered the building or vehicle with the owner’s permission. Regardless of what may have occurred after this entry, a person who has permission to enter a location cannot, by law, commit a burglary.
Another potential defense centers around why the person entered the location. Burglary only applies when a person enters with the intent to commit a crime. If the police make an arrest of a person who is not carrying any tools to commit an offense such as theft, it can be difficult for a prosecutor to prove that there was the necessary intent in the mind of the defendant. A Manhattan burglary lawyer could evaluate the facts of an individual’s case and build a defense accordingly.
Allegations of committing a burglary are serious matters. These are always felonies where a conviction can result in multiple months in jail. Instances of aggravated burglary where a person was present in the building in question can see a person serve multiple years in prison.
It is essential that you present an aggressive defense against these severe charges. A Manhattan burglary lawyer could explain the state’s burglary laws, evaluate the legality of the police work that led to the arrest, fight to protect your rights in court, and present defenses designed to create reasonable doubt in the minds of jurors.
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