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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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Recent Burglary Questions

  • I have had serious crimes committed against me and my real

    I have had serious crimes committed against me and my real estate property, including stalking, burglary and vandalism. Over 14 years, I have endured multiple involuntary mental health commitments prompted by the local police, and in one instance, by the neighbor across the street.
    The one by the neighbor was after he offered, in person, on foot, to have him and his wife drive me to the hospital. I never asked for their help in this regard prior to this happening.
    At the time, I was on my property waiting to drive myself to the nearest hospital for medical treatment, after my house key broke and I was locked out. After I said no to my neighbor's offer, the neighbor called the police. I almost died from a 7-day diabetic coma due to their and the police's activity in this incident.
    It might have been an attempt on my life. I say this because when I arrived home from the hospital, there was no dial tone on my previously fully-functioning land line phone. To me this strongly suggests foul play on someone's part (discriminatory).
    As far as I know I do not have a criminal record. A Lieutenant in the local police told me in the last few months he would tell his staff not to help me. So if I become the victim of a crime it seems there is resistance to providing government services.
    Because of the coma and resultant extreme sensitivity to pharmaceutical drugs, I am terrified of more involuntary commitments with forced drugging. I have told a Sergeant, in writing, that I will sue the police if they persist with more involuntary commitments.
    I feel I am being used so the hospital can serve its interests in filling beds and providing unneeded hospitalization. I own a home, and it has been destroyed by police when I won't open the door, because I do not need hospitalization. In my outpatient treatment, not one of the providers has ever petitioned for inpatient commitment of me.
    I am so frustrated about this I am thinking of moving to a state that prohibits forced drugging. If you know the four us states that do this, could you please tell me what they are? Bazelong says Connecticut and NY, other than that, I do not know.
    Thanks for any help you can give.
    Sharon
  • Often times the police are unable to return stolen items/property

    Often times the police are unable to return stolen items/property to the original owner. Whether this is due to the overwhelming incidence of theft or low staffing, I would like to build a business based on recovering stolen property. I imagine it would be much like the repossession industry, where the repo man/woman is legally sanctioned to take back property on behalf of a bank or other governing entity.
    To put it simply, I do not want to be liable or go to jail for recovering stolen property. Is this legally possible?
  • What is the definition "Attempted aggravated burglary? Also

    What is the definition "Attempted aggravated burglary? Also the definition of aggravated Flight?
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