When facing criminal charges, you know that many aspects of your future are at stake. Depending on the nature of the allegations you are facing, penalties may include time behind bars, expensive fines and more. It is critical that you know how to protect yourself by developing a custom-tailored defense strategy suited to your individual needs and the details of your case. The first step in this process is to have an understanding of the charges brought by the prosecution.
Property crimes are those that involve taking the property of another person or party without permission. There are different types of property crimes, and burglary is one that could bring serious penalties. In most cases, burglary is the crime of unlawful entry into a structure. In order to have a valid burglary case, there must be evidence that the accused gained entry with the intent of committing a crime.
The difference between robbery and burglary
There is a distinct difference between robbery and burglary. In burglary cases, there is unlawful entry, but typically, there is no person inside the structure at the time of the alleged crime. In robbery cases, the alleged defendant uses fear and intimidation tactics to take property. Most burglary cases involve the following elements:
- Evidence of an unauthorized breaking and entering of a structure, either through physical force or constructive breaking
- Evidence the alleged defendant entered the unoccupied structure or a building that was closed to the public at the time of the entry
- Evidence this act was done with the intent to commit a crime, such as proof that the defendant planned this act in advance
The timing of the alleged crime is often a criminal element of determining intent. It is not always easy to accurately assess a person’s motives, and as part of your defense strategy, you may benefit from challenging the prosecution’s interpretations of your actions in the determination of your intent to commit a crime.
Seeking the best outcome
Regardless of the evidence Kentucky authorities have against you, you have the right to defend yourself against any criminal charges brought by the prosecution. If you find that you are under investigation for burglary or any other type of property crime, you can take immediate action to protect your rights and interests by seeking insight regarding your defense options. You may confront any evidence against you, and you have the right to fight for the best possible outcome to your case.
