BURGLARY OR "BREAKING & ENTERING" IN PENNSYLVANIA
The crime of Burglary in Pennsylvania is a serious felony offense. If you are being investigated for a burglary offense in Pittsburgh and Western Pennsylvania, you should remain silent and call the Zuckerman Law Firm at 412-447-5580 for an immediate consultation.
WHAT IS BURGLARY IN PENNSYLVANIA?
A Burglary occurs when a person enters a building or occupied structure (i.e. home), without permission, with the intent to commit any crime therein. The crime does not have to be a theft. It can be something as minor as causing property damage.
HOW SERIOUS IS A BURGLARY IN PENNSYLVANIA?
Burglary is considered one of the most serious property related crimes under Pennsylvania law. Burglary can be graded as either a 1st Degree Felony punishable by up to 20 years in prison and a $25,000 fine, or a 2nd Degree Felony punishable by up to 10 years in prison and a $25,000 fine. Burglaries may fall within Pennsylvania's "Three Strikes" Law, in which mandatory prison sentences of 10 years or 25 years may apply.
DEFENDING YOUR BURGLARY CASE
Based upon extensive experience prosecuting these types of crimes, they can be some of the most difficult crimes for the prosecutor to prove to a jury beyond a reasonable doubt. Difficulties are often attributed to gaps in the evidence and inadequate investigation techniques, which include but are not limited to:
- The failure to test for or present DNA and fingerprint evidence.
- Lack of eyewitness testimony placing the accused at the scene of the crime.
- Weak witness testimony.
- Lack of recovery of items stolen from the home or business.
- Violation of Miranda rights when getting statements from the accused.
- Failing to prove that the accused had any intention of committing a crime while inside the home or business.
- Failing to prove that the accused did not have permission to enter the home or business at the time of entry.
HOW ZUCKERMAN LAW FIRM CAN HELP
When charged with Burglary, you need an assertive, passionate and focused attorney who will fully prepare for trial while working behind the scenes to negotiate the best possible result for your case. In appropriate circumstances, you may be eligible for diversionary programs and charge reductions, including:
- Payment of restitution for a withdrawal or reduction of charges.
- Reduced plea from Felony to Misdemeanor offense.
- House Arrest or Alternative Housing as an alternative to jail.
- Entry into Mental Health Court or Veteran's Court programs.
- County jail sentence as an alternative to state prison.
- Plea for Probation
- Not Guilty Verdict
If you are the subject of a Burglary investigation, remember two things: remain silent and call the Zuckerman Law Firm at 412-447-5580.