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Burglary Charges Related Questions

What is burglary and how hard is it to prove?

Many people are under the impression that to be charged with burglary, one must steal something. This isn't the case in most situations. One only needs to have intent of stealing when they break into a vehicle, building or home to actually commit burglary. While the act usually involves stealing items, the act of breaking in is reason enough to presume burglary is anticipated. It is nearly impossible to prove a person had the intent to steal when they break into a vehicle of building. In order to prove burglary, the act has to be proven beyond a reasonable doubt. Many people confess to the crime out of fear that the evidence against them is so strong, while actually, there is little proof of the crime. In some situations, the accused are told there is a witness that can testify they saw the accused committing the crime.

When proving burglary, there needs to be proof that the person in question entered the area with the intent to steal. There are a number of ways to prove the accused entered the crime scene; fingerprints, eye witnesses, surveillance footage, etc. would show proof of entry. Proving intent becomes more difficult. However, if a person is caught with tools used for breaking into a car, building, or a safe, or had told someone their intent to break in; there would be proof of intent. Read below where Experts have answered many important questions regarding burglary charges.

In the state of Ohio, what can an individual do if they are being charged with aggravated burglary when their landlord locked them out of their house?

At this point, the individual may need to speak to their attorney about the charges that are being brought up against them. There isn't much more that can be done for now. If you are unable to retain an attorney, wait until your first court appearance and tell the judge that you are unable to afford an attorney; the court will generally appoint one to you. While your landlord locked you out and violated the Ohio Landlord Tenant law, which is a civil offense, this didn't excuse you from breaking into the home. When you go before the judge you will be asked to plea, your response should be not guilty. Once you plead not guilty, your attorney can speak to the prosecutor about reducing the charges and getting the best deal for you. It is very important that you speak with an attorney before saying anything about the break in. If you are questioned about the break in, state that you wish to speak with your attorney before saying anything.

What kind of sentence does attempted burglary carry in the state of LA?

This appears to be an attempted simple burglary of an inhabited dwelling. According to the revised Louisiana Statutes 14:63.2 the definition of a simple burglary of an inhabited home is as stated in the Statute:

Simple burglary of an inhabited home is the unauthorized entry of any inhabited dwelling, house, apartment or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than as set forth in Article 60.

Whoever commits the crime of simple burglary of an inhabited dwelling shall be imprisoned at hard labor for not less than one year, without benefit of parole, Probation or suspension of sentence, nor more than twelve years.

Based on the Statute, the penalty is not less than 1 year, however, it will also involve the person attempted to break in their criminal history. Based off of the person's criminal history, it may be possible for the person to receive probation or a short jail sentence. While the person's criminal history will help determine the sentencing, the judge and the prosecuting attorney will have a major impact on the outcome.

What is the statute of limitation for burglary in Illinois?

Burglary carries a 3 year statutory limitation so long as the burglary isn't included with a felony crime such as 1st or 2nd degree murder charges, solicitation to commit murder, involuntary manslaughter, arson, etc.

Burglary charges vary from state to state but generally carry a stiff fine and jail time. The amount of jail time and fine are generally determined by the circumstances surrounding the crime. If you are facing burglary charges or just have questions regarding burglary, you should ask an Expert for informative answers.
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