Burglary Criminal Defense Lawyer – Tuscaloosa
Burglary is a serious offense to be charged with. If you or someone you love has been charged with any degree of burglary you should contact a criminal defense attorney to help you. Remember: you have rights. Although this is a serious offense and you could face prison time, panicking does not help. What does help is staying calm and defending your constitutional rights. The best way to do this is through a criminal defense attorney with experience. Travis Juneau has just that experience.
Travis does not shy away from the tough cases. His practice handles all types of criminal cases, including burglary and robbery. If you want to increase your chances at a good outcome you should contact our firm as soon as possible. The longer you wait the less time an attorney will have to come up with a solid legal strategy. Don’t hesitate, hit the button below to set up a consultation.
Burglary vs. Robbery vs. Theft
Although each state has different definitions for similar laws the following can be said about the differences between burglary, robbery, and theft. It’s true that all of these words are related to ‘stealing’ but legally they are very distinct. Theft is the most similar to ‘stealing.’ It simply means taking someone’s property without their permission intending to keep the property away from them. Robbery similarly requires the taking of someone’s property but adds an element of force.
Burglary, on the other hand, does not require the taking of property but does require the intent to commit a crime while in a place that a person does not have the right to be. Traditionally, this is the entering of another person’s home or business with the intent to commit the crime of theft once inside.
Burglary is defined under Alabama law as; a person knowingly and unlawfully entering or remaining unlawfully in a building with the intent to commit a crime therein. So, if a person breaks into a house and steals a laptop and is found guilty of doing both things then they could be convicted of burglary.
Fighting Burglary Charges in Alabama
Burglary charges in Alabama come with some pretty steep punishments. Avoiding the worst charges and consequences is what we will try and maximize.
Criminal trespassing is a charge related to burglary. If a person trespasses into a building, that is; goes inside the premises without the explicit consent of the owner or manager, then they could face criminal trespassing charges. These are both misdemeanor charges. While a misdemeanor is no laughing matter, it is less severe than any form of burglary which are all felony charges.
As they build on each other it is easiest to start at the lowest level, Burglary Third Degree. Burglary Third Degree can be simply stated as a person being in a place they have no right to be and having the intent to commit any crime while in that place. Burglary Second Degree is either a person being in a place they have no right to be while they are armed at the time of entry, a burglary where physical injury is caused to a person who was not part of the burglary or breaking into an occupied dwelling with the intent to commit theft or a felony while in the dwelling. Lastly, Burglary First Degree is the breaking into or remaining unlawfully in a dwelling (home) with the intent to commit a crime while armed or causes a person in the dwelling physical injury.
The major differences in the three levels of Burglary in Alabama are determined by the type of building, if the person was armed with a weapon or caused injury, and whether the building was occupied at the time of the burglary.
Examining the allegations and properly arguing the facts can be the difference between a Class A Felony which carries significant prison time and a Class C Felony in which prison time may be avoided.
Burglary charges in Alabama are divided into three degrees. First-Degree Burglary is a Class A Felony. This is the most serious classification of an offense on the books in our state. This charge comes with a minimum 10 years in prison and a $60,000 fine.
Second-Degree charges could mean a person will face up to 20 years in prison and fines of up to $30,000, this is a Class B Felony. Third-Degree charges are a Class C Felony. This can mean a person convicted could face up to 10 years in prison and $15,000 in fines.