If you have been charged with burglary in California, it might feel as though you have no options. The truth is that regardless of your situation, it is very likely that there is a defense option that could, at the very least, reduce the consequences of your charges. Keep reading to learn some of the most common defense options. Then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with an experienced attorney.
You were factually innocent
By proving that you did not commit the burglary offense alleged, you may always attempt to avoid being found guilty of burglary. This defense is referred to as “factual innocence.” Your attorney will work to establish that you did not conduct the required crimes or raise reasonable doubt about the prosecution’s case.
If you were the target of unfounded charges, you may also assert this defense. Perhaps someone made the accusation against you in retaliation or as payback. Whatever the exact justification, you can disprove the unfair accusation by proving your true innocence of the crime.
You lacked intent
Only if you entered a building or structure with the intent to commit a crime once inside does an act qualify as a burglary. This means you can refute burglary allegations by proving you did not enter a building with the intention of committing a crime.
Keep in mind that the timing of your intent is very important. For a conviction to stand, you had to have criminal intent when you entered the building. You are often not guilty of breaking and entering if you simply made up your mind once you were inside.
You broke in to take something that you lawfully owned
In a burglary case, the claim of right defense contends that you broke in to retrieve something you believed to be yours. This argument resembles a lack of purpose defense in that it demonstrates that your belief that something was legally yours prevented you from really intending to steal it.
The efficacy of this argument frequently depends on the proof you can present proving ownership of a particular object. For instance, if you can present invoices or images that demonstrate your ownership of the in question property, your claim of ownership will probably be accepted.
You had permission to enter the property
You are not guilty of burglary if you entered a building or vehicle with permission from the owner of such building or vehicle. However, be aware that in some jurisdictions the defense is only effective if you entered a building with the permission of a property owner who was aware of your plan to conduct a crime.
No matter your situation, it is worth talking to a criminal defense attorney to determine your options. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
