Birmingham Burglary Lawyer
The Alabama Code says that a person commits the crime of burglary “if they knowingly enter or remain unlawfully in a building with intent to commit a crime therein.” Such crimes typically include theft, assault, or destruction of property, among others.
Burglary is a serious crime, and a burglary conviction can carry harsh penalties. If you or a loved one are facing burglary charges, you need to get advice from experienced theft attorneys who have a strong track record of defending their clients’ rights. A Birmingham burglary lawyer can work hard to maintain a positive outcome in your case.
Types of Burglary
Burglary in the third degree is a Class C felony, which means it is punishable by as much as seven years in prison. But even more serious sanctions can be imposed by the court if the burglar:
- Is armed with explosives
- Causes physical injury to any person who is not a participant in the crime
- Is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon.
In cases involving these exacerbating factors, courts can impose sentences as long as 20 years in prison making it extremely important that a burglary attorney in Birmingham is consulted.
How Charges Vary
Even if no property is taken or damaged, merely entering a home, business, or abandoned property without permission is illegal. The actual charge will depend on the type of structure an individual enters, and what happens once the individual has entered.
Understanding the various subsections of the Alabama Criminal Code is important in putting together a defense, as the potential penalties and burdens of proof vary depending on the circumstances of the burglary. That is why it is so critical to consult with Birmingham burglary lawyers experienced in criminal law who can explain to the accused what kind of charge they are facing and how to best prepare a defense.
A burglary charge can even arise from a civil dispute between two people who know each other, or a simple disagreement. Anytime a person is on someone else’s property and cannot prove they had permission to be there, the potential for a burglary charge is there.
Rights of a Defendant
But the good news is that criminal defendants have certain rights that the courts must respect. The suspect is presumed innocent, the burden of proof is on the prosecutors, and they must prove their case “beyond a reasonable doubt.”
Any search of an individual’s home must be carried in compliance with the requirements of the U.S. Constitution. The Fourth Amendment says that searches must be done in accordance with a warrant that “particularly describes the place to be searched, and the persons or things to be seized.”
Birmingham burglary attorneys will challenge any evidence that the government tries to use, requiring them to explain how that evidence was obtained and how it is relevant to the charges. With their experience and thorough understanding of the criminal law, they can judge whether to seek a plea bargain or whether to fight in court.
Talk to a Birmingham Burglary Attorney Today
If you have been charged with burglary, it is important to have an attorney familiar with the prosecutors and judges in the jurisdiction where you have been charged. A burglary attorney in Birmingham’s understanding of those factors can determine the outcome of the case.
That is why, if you are facing burglary charges, you should not waste another day before getting the advice you need by a Birmingham burglary lawyer.