Burglary

“Burglary” means:

• (1) Entering a dwelling (house), a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

• (2) Notwithstanding a licensed or invited entry, remaining in the dwelling, structure, or conveyance:

• (a) Surreptitiously, with the intent to commit an offense therein;

• (b) After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

• (c) To commit or attempt to commit a forcible felony.

The statutory definition of “burglary” includes not only entering into a house, but a conveyance as well. “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.  In the case of a boat, the conveyance is the entire boat, including any attached outboard motor.

The severity of the crime is usually determined by the location that was burglarized or the damage caused during the burglary.  For example, if the location burglarized was a home, then the charge is elevated to a second-degree felony, punishable by up to 15 years in prison.  Similarly if during the burglary, an assault or battery occurs, the burglar is armed, the burglar uses a vehicle as an instrumentality of the crime or the damage caused during the burglary exceeded $1,000 then the crime becomes a first-degree felony, punishable by life in prison. 

As a felony division prosecutor, Erick Cruz was responsible for the prosecution of burglary crimes.  During his time as a prosecutor Erick Cruz was trained on the law related to burglary crimes and learned the different investigative techniques used by police to gather evidence.  With this experience, Erick has successfully defended clients accused of burglary.  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of burglary charges, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal or expunge your case.    

Call Erick to discuss your case with him and find out how to get your case dismissed or charges and sentence reduced and arrest record sealed or expunged.