Burglary is a serious criminal offense that can lead to life-altering consequences. Although many people assume it is a theft crime, you can be charged with burglary for entering another person’s property and committing any type of criminal offense.

If you have been arrested for burglary, a Rochester burglary lawyer can help you fight the charges. With the right strategy, you may be able to get the charges dismissed. Reach out to a skilled theft defense attorney at Kohlmeyer Hagen, Law Office Chtd. to learn more.

Types of Burglary Charges

Burglary generally involves entering a building without permission to commit a crime. However, there are four different degrees of burglary, each with different consequences.

Fourth-Degree Burglary

The least serious burglary offense is fourth-degree burglary. This occurs when a person enters a building without the owner’s permission with the intent to commit a misdemeanor that does not involve theft. A conviction can result in up to 364 days in jail and a fine of $3,000.

Third-Degree Burglary

A person commits third-degree burglary when they break into a building to commit a gross misdemeanor or felony, often involving theft of property. If found guilty, the maximum prison sentence is five years.

Second-Degree Burglary

There are specific factors that must be present for a person to be guilty of burglary in the second degree. An individual may be charged with second-degree burglary if they do any of the following:

  • Burglarize a government building
  • Use force or threats to enter a bank
  • Break into an establishment or pharmacy where drugs are routinely stored

Penalties include a maximum prison sentence of 10 years and a fine of $20,000.

First-Degree Burglary

The most serious burglary offense is first-degree burglary. For an individual to be charged with this crime, they must have committed the crime in an occupied dwelling and either assaulted someone or possessed a dangerous weapon. First-degree burglary can lead to up to 20 years in prison and a fine of up to $35,000.

A burglary lawyer in Rochester can help you understand your charges and the potential penalties you face.

What Is Unlawful Entry?

For a person to be convicted of burglary, there must be evidence that they entered a space unlawfully. This differentiates burglary from crimes like shoplifting or stealing public property. Breaking into or remaining on the premises is a key component of burglary.

Some cases may involve entering a building without consent. This includes breaking into a window or entering through a door that was left open. In other cases, a person might remain in a place after the owner withdrew consent for them to be there. For example, staying in a store after it is closed.

An individual can also commit burglary if they enter a premises under false pretenses, such as being allowed into a building after lying about their purpose, like pretending to be a repair worker.

A burglary attorney in Rochester can tailor an effective defense strategy depending on the specific circumstances of your case.

Seek the Assistance of a Rochester Burglary Attorney Today

Burglary is a serious criminal charge that should not be taken lightly. If you have been accused of this offense, it is crucial to consult tenacious legal counsel as soon as possible. A Rochester burglary lawyer can help you challenge the charges and possibly avoid a conviction. Schedule a consultation today.