Breaking and Entering in Utah
When most people think of burglary they think of something analogous to theft or maybe even robbery but in fact burglary is a distinct offense. In Utah burglary happens when a person enters a building or remains in a building with the intent to commit a felony, an assault on a person, a theft, or one of a list of sexual crimes. This statute has elements that make burglary charges hard to prove and hard to defend. Because the prosecution must show that the defendant had the intent to commit a crime once in the building it can be difficult to obtain a conviction in some cases. Without some physical actions that can be analyzed, proving a person’s intent can be next to impossible. On the other hand because the offense is piggybacked on another crime, meaning the felony, assault, etc… a defendant facing a burglary charge is likely also facing another very serious charge like theft or a sex crime.
Penalties for Burglary
In Utah the offense of burglary is a felony but depending on the circumstances of your case it could be a second degree or third degree felony. In criminal law in general a person’s home is considered their castle and thus a dwelling is treated with special respect. This idea is shown in the burglary statute because a burglary that takes place in a dwelling is a more serious offense and is a second degree felony. If the burglary was not in a dwelling then the offense is a third degree felony.
St. George Burglary Defense
With the special nature of the burglary statute there are some different ways of dealing with charges. Because burglary rests on other crimes committed in the building knocking out that other crime can get rid of the burglary charge as well. At St. George Criminal Defense we investigate every aspect of the offense to make sure we find every defense available to you. If you have been charged with burglary then call us today. We offer free consultations and we can help answer any questions you have as well as prepare you to defend your rights against these charges.