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Greg Prosmushkin

Burglary Lawyer Philadelphia

Burglary is a serious crime in Pennsylvania, with charges ranging from a Felony of the First Degree to a Felony of the Second Degree. The penalties for burglary range from probation to jail time.

Burglary is defined as entering into a structure with the intent to commit a crime within the structure. The penalties vary depending on the type of structure you enter, whether a person is inside that structure at the time, and what other crimes were allegedly committed inside the structure or alongside the initial crime.

Penalties Vary

The reason penalties vary for Burglary is that courts consider the type of building a person was unlawfully in when deciding charging and a final penalty. For example, a person breaking into a closed store will be charged with a Felony 2, which carries less jail time than someone who breaks into a house.

If no one is at the property at the time of the alleged burglary, and it is not a home, you are facing a Felony 2, which carries a potential of 10 years in prison. If however, someone is in the property, or it is a home, you face Felony 1 charges, which carry a potential 20-year maximum prison sentence.

Therefore, if a person breaks into a home, they may be charged with a Felony 1. However, not all Felony 1 burglaries are created equal. The recommended sentence goes up if you break into a home and someone is inside. So, a person who breaks into a home while the occupants are sleeping will get a stiffer sentence than a person who breaks into a home when no one is there.

Defenses to Burglary

A good Criminal Defense Lawyer will be able to exploit weaknesses in the case against you. For instance, a person breaking into a home will typically be charged with a Felony 1, which carries a 20-year statutory maximum sentence. However, there are numerous defenses a criminal defense attorney can use on your behalf. A person may have entered a house without the intent to commit a crime. This is commonly seen when someone mistakenly enters a house, or believed they had permission to enter. In another example, if a property is abandoned, there may be a defense because of the status of the property.

Philadelphia Burglary Lawyer

Even someone charged with a Felony 2 Burglary for entering an unoccupied business or other building has possible defenses, such as issues surrounding identification and intent.

Contact Us for a Free Consultation

If you’ve been arrested, you need aggressive representation. Contact the attorneys at The Law Offices of Greg Prosmushkin, P.C. today for a free consultation. Our attorneys have decades of experience handling burglary cases, and can assist you in getting the best possible result.

This content was written on behalf of Greg Prosmushkin.