Burglary Defense Attorney in New Orleans
Aggressively Representing Clients in New Orleans & Ruston
Have you been accused of burglary in Louisiana? Many people mistake the crime of burglary with theft, but the legal definition is actually quite different.
Under Louisiana law, the crime of burglary is the “unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein.” This means that even simply trespassing upon or entering into a property with the intent to commit a crime can land you a burglary charge.
At The Burrell Firm, LLC in New Orleans and Ruston, we understand that the criminal justice system can be complicated, if not outright unfair at times. Many individuals are even wrongfully accused of burglary for merely trespassing. Whatever the reasoning for your accusation or arrest, out New Orleans burglary defense attorneys will fight to have your charges reduced, dropped, or dismissed in an effort for you to get your life back to normal as quickly as possible.
To learn more, contact us to schedule a free case evaluation. We are available 24/7 and can travel to you if needed.
Aggravated burglary is the unauthorized entry of any place where a person is present combined with the intent to commit a felony or theft while also possessing a weapon. This applies if the offender enters already armed with a dangerous weapon, arms themselves with a dangerous weapon after entry, or commits battery while in such a place. The potential penalty can range anywhere between one to 30 years depending on the severity of the crime and whether you had any previous offenses.
Simple burglary, as mentioned above, is the unauthorized entry of any dwelling, vehicle, watercraft, cemetery, or other structure with the intent to commit a felony or theft. Unlike aggravated burglary, simple burglary does not involve a weapon or violence It is punishable by imprisonment of up to 12 years.
Simple Burglary of an Inhabited Dwelling
Simple burglary of an inhabited dwelling is the unauthorized entry of a place where another person is present with the intent to commit a crime. It is punishable by imprisonment for not less than one or more than 12 years.
Possible Burglary Defenses
If you have been accused of burglary in Louisiana, your defense attorney may try to argue against the charge by using one of the following defense tactics:
- Consent: We can argue that you were given consent to enter the property if you own or have a right to the property that was entered into or taken.
- Factual innocence: You may have a legitimate defense to claim that you were wrongfully accused of the crime. Examples include situations of mistaken identity, false accusations, or misleading evidence.
- Lack of intent: Because a prosecutor must prove you intended to commit a crime in order to obtain a burglary conviction, you may be able to get off if they can find little or no evidence proving you planned any wrongdoing.
- Mistake of fact: You can’t be convicted of burglary if we can prove that you took something by mistake or that you genuinely believed was yours for the taking at the time.
- Police misconduct: Police misconduct may be responsible for your accusation. Examples include law enforcement asking leading questions of a witness, violating the Fourth Amendment right against an unreasonable search, coercing a person into a confession, and planting evidence against you. If any of the above or another case of police misconduct is found to have occurred, your charges may be dropped or reduced.
If you need help in New Orleans, Monroe, Lincoln Parish, Union Parish, or Jefferson Parish in reference to a burglary charge, we are your guys. Our Louisiana burglary defense attorneys have years of experience successfully representing those accused of crimes such as burglary throughout the state.
Remember, you have a legal right to a lawyer and a fair trial. Contact The Burrell Firm LLC today at (504) 420-7575.
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