Burglary Charges – Top 5 Ways to Beat the Case

The five best ways to beat burglary charges are to show that you:

1. are factually innocent,
2. lacked criminal intent,
3. had a claim of right over an object,
4. acted with a property owner’s consent, and/or
5. are the victim of police misconduct.

The burglary laws of most states say that you commit this crime if you:

1. knowingly enter any structure or locked vehicle, and
2. do so with the intent to commit a crime once inside.

Many states divide this crime into different degrees, such as:

• first-degree burglary,
• second-degree burglary, and
• third-degree burglary.

The penalties are generally harsher with a first-degree charge, and least severe with a third-degree charge.

Depending on the facts of the case, burglary penalties can include misdemeanor or felony charges and a prison sentence or jail time.

1. Factual Innocence

You can always try to prevent a burglary conviction by showing that you did not commit the burglary crime charged. This is what is known as a “factual innocence” defense.

The defense is successful if you can:

• cast reasonable doubt on the prosecutor’s case, or
• show that you did not commit the elements of the crime.

You can also raise this defense if you are a victim of false accusations. Maybe someone accused you of burglary out of revenge or payback. No matter the specific reason, however, you can defeat the unjust allegation by showing that you are factually innocent of the offense.

2. Lack of Intent

An act is only considered burglary if you entered a structure or building with the specific intent to commit a crime once inside.

This means you can contest criminal burglary charges by showing you did not enter a structure with the intent to commit a crime.

Note also that the timing of your intent is crucial. You need to have intended to commit a crime when you entered the building for a conviction to stand. If you only formed the intent after you were inside, you are usually not guilty of burglary.¹

3. Claim of Right

A claim of right defense in a burglary case asserts that you entered a structure to take back something you thought belonged to you.

This defense is somewhat related to a lack of intent defense because it shows that you did not really have a criminal intent to take something since you believed it was rightfully yours.

The strength of this defense will often depend on the evidence you can raise to show ownership over an item. For example, your claim of ownership will likely succeed if you can show receipts or pictures that prove you owned the property in question.

4. Consent

Maybe, yes. Many states say that you are not guilty of the crime of burglary if you:

1. entered a structure or vehicle, and
2. did so with the consent of the owner of that structure or vehicle.²

But note that some jurisdictions say the defense only works if:

• a property owner consented to you entering a structure, and
• the owner knew of your intent to commit a crime.³

5. Police Misconduct

Yes. You can challenge accusations of a burglary offense by showing that you were a victim of police misconduct.

There are times when the police are overeager to solve a case. Unfortunately, this can compel them to do things that violate your rights. Such unjust acts might include:

• “planting” or “fabricating” evidence,
• asking leading questions of witnesses during a line-up,
• violating your Fourth Amendment right against unreasonable searches and seizures, or
• coercing your confession.

If any of these occur, you can provide evidence of such and try to get a burglary charge reduced or even dropped in its entirety.

Frequently Asked Questions

What are the key elements of a burglary charge?

The key elements of burglary are: (1) unlawful or unauthorized entry, (2) into a building or structure, (3) with the intent to commit a crime inside.

Is breaking and entering required for a burglary charge?

No, breaking and entering is not always required. Burglary can occur through unlawful entry without force, such as entering through an unlocked door or window.

Is burglary always a felony offense?

In most cases, burglary is a felony offense. However, some states have misdemeanor burglary charges for less serious incidents or for first-time offenders.

Can burglary occur in a vehicle or outdoor area?

In most states, burglary is limited to unlawful entry into buildings or structures. However, some jurisdictions have separate crimes for breaking into vehicles or fenced outdoor area.

What is the difference between burglary and robbery?

Burglary involves unlawful entry into a structure with intent to commit a crime, while robbery is the taking of property from a person by force or threat of force.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• From the Thief in the Night to the Guest Who Stayed Too Long: The Evolution of Burglary in the Shadow of the Common Law – Indiana Law Review.
• Burglary – Crime & Justice article giving an overview of burglary laws.
• Reformation of Burglary – William & Mary Law Review article on how burglary laws have changed and can change.
• Reconceptualizing Burglary: An Analysis of the Use of Burglary as a Criminal Enhancement – Virginia Journal of Criminal Law.
• That’s Not a Burglary! Classic Crimes and Current Codes – Houston Law Review.