Being arrested for burglary could lead to a felony conviction that alters the course of your entire life. As such, it is very important that you understand exactly what constitutes a valid burglary charge. A burglary charge has three primary elements. First, that the suspect committed a break-in and entry without authority to do so. Second, the break-in occurred at an occupied structure or building. And third, the break-in was done with the intent to commit a criminal act.
The requirement of these three elements can provide the accused party with a variety of possibilities when it comes to forming a defense. For example, if you can prove that you actually had proper consent to be in the structure in question, then your actions may not constitute an act of burglary.
Likewise, let’s say that you entered the building while under the influence of alcohol and were not fully cognizant of your actions. You may be able to demonstrate that by virtue of your condition, you were incapable of acting with criminal intent. If this is the case, you may face other charges that are less serious than burglary.
This is why if you are ever accused of committing a burglary, it is vital to start working on a defense as promptly as possible. The stakes are simply too high for you to leave the outcome of a trial to chance.
This is why it can be so beneficial to enlist the services of a California criminal defense attorney. An experienced attorney can look at the evidence the authorities have in your case and develop a strategy that may give you your best possible outcome. Ultimately, you might have the charges significantly reduced or even completely dismissed.