Burglary is the crime of entering a residence or dwelling without permission with the intent of committing a crime. Oftentimes the perpetrator is hoping to steal items or goods, but as long as their intent was to commit a crime, they can be hit with a burglary charge. As you might imagine, entering a building or residence without permission with the intent to commit a crime is a serious offense that carries significant penalties, which is why you need to contest the charge in court. In today’s blog, we take a closer look at some of the best defenses for a Minnesota burglary charge.
The Best Burglary Defenses
The following is part of a series that focuses on the best defenses for specific crimes in Minnesota. Remember that this is just general information, and the actual best defense plan will come from a lawyer who can review the specific facts of your case to give you the best chance of beating the charges. So while we will look at some defenses that are oftentimes effective, a lawyer will be able to help you determine your best path forward. For help with this decision, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
1. No Criminal Intent – One of the elements that is required in order to earn a criminal conviction is intent to commit a crime. Your lawyer may argue that you may have entered the property without permission, but you did not to commit another crime while inside. For example, maybe a group of teens snuck into an abandoned building to look around, or you entered an unlocked home that was for sale because you were a potential buyer and a neighbor phoned police. It won’t always be easy, and you may be hit with a trespassing ticket, but if you can prove that you had no ill intent, the burglary charges can be dropped.
2. Permission – Another element that you could attack is whether or not you had permission or consent to be in the location. Maybe you were given permission to enter the area, but a building manager or security guard didn’t get this message. Oftentimes you can get a burglary charge dropped well before trial if you truly did have permission, so let your lawyer know right away if you believed you had permission to be there.
3. Mistaken Identity – Burglars aren’t always caught in the act, but police may arrest a suspect if they have witness statements or other evidence pointing in your direction. If you were not the individual who committed the crime, your defense lawyer will work to prove that the police have their sights pointed in the wrong direction.
4. Coercion/Duress – If you were coerced into entering the residence or you were threatened into the act, you may have a viable defense. If someone else forced you to enter the area and you felt that you had no other options but to comply, duress could be a defense to consider.
As we mentioned above, defenses will be built on a case by case basis, so it’s certainly possible that the best defense for your case isn’t on this list. We’d be happy to sit down with you, review the facts of your case and develop the strongest defense to counter your burglary charge. For more information, or to set up this free strategy session, give Avery and the team at Appelman Law Firm today at (952) 224-2277.
