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James N. Papirmeister, P.C.

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What should you know about defending against burglary charges?

Maryland, like all other states, has a range of criminal charges that defendants can face, including misdemeanor and felony charges. One of the more common felony charges is burglary. But, here as well, there is a range in the severity of the charges. For example, a burglary that is alleged to have been committed with a firearm will usually result in a more severe charge.

What should Maryland residents know about defending against burglary charges? Well, for starters, it is important to know each element of a burglary charge. Why? Because if the prosecutor cannot prove each element of the charge, the case may result in a dismissal or acquittal.

The first element of a burglary charge is that an unauthorized breaking and entering has occurred. Next, the breaking and entering must have occurred at a structure of some kind, which can include a home or a business. Lastly, the unauthorized breaking and entering into the structure must have been committed with the intent to commit a crime while inside the structure. For instance, most burglary charges include allegations that the defendant intended to commit theft within the structure.

When planning a criminal defense strategy, a defendant may be able to attack each one of these elements, or perhaps just one. Either way, if the focus is on showing that the prosecution does not have the evidence to prove each element of the charge, the case may end well for the defendant. Maryland residents who are facing a burglary charge will need to have their own unique case examined for potential weaknesses in the prosecution's case.

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