Contact Toledo Burglary Defense Lawyer, Seneca Weirich Harden regarding your Burglary Crime Defense or other Criminal Defense Attorney needs by calling 419.509.7537.
About Burglary Crime Charges: Burglary occurs when an individual trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure:
Depending upon the circumstances of the alleged burglary crime, and the actions of the accused while inside the dwelling, a structure, or a conveyance, burglary may be charged as a felony of the second degree, felony of the third degree, or a felony of the forth degree.
Burden of Proof in Burglary Crime Defense Cases: The burden of proof for the prosecution to obtain a conviction for a burglary crime first and foremost is to prove beyond a reasonable doubt the accused was in the dwelling, a structure, or a conveyance without permission or refused to leave after permission was sufficiently withdrawn by whomever had proper authority to give such an order relating to the dwelling, a structure, or a conveyance. Next the prosecution must prove beyond a reasonable doubt that while in the dwelling, a structure, or a conveyance the accused intended to commit a criminal offense. If the accused was not present at dwelling, a structure, or a conveyance when law enforcement arrived, the prosecution must prove beyond a reasonable doubt that the accused was the individual that actually committed the act of burglary, and the additional crime that raised the criminal charge from trespassing to burglary.
Defense of Burglary Crime Charges: Defense strategies will vary based on the degree of burglary charges the accused is facing, as well as evidence law enforcement and prosecutors will use against the accused. Essentially everything must be put under a microscope. Can it be effectively shown that the accused was not at the dwelling, a structure, or a conveyance at the time of the alleged crime? Can it be shown that the accused had permission to enter the dwelling, a structure, or a conveyance? Was the intention to withdraw permission to be in the dwelling, a structure, or a conveyance adequately made known to the accused. Can it be shown that while in the dwelling, a structure, or a conveyance the accused did not exhibit intent to commit a criminal offense. Were the actions of law enforcement proper, or were the accused civil rights violated in any way? Essentially, if a question can be asked about the alleged burglary crime, it should be explored in the defense of burglary charges.
If you require professional legal services regarding Burglary Crime Defense or other Criminal Defense legal issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Toledo Burglary Crime Defense attorney - lawyer. Contact the Law Offices of Seneca Weirich Harden, LLC by calling 419.509.7537.
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