Breaking and entering, or Burglary is a serious crime in the state of Oregon. First Degree Bulglary is a class A felony carrying a penalty of up to 20 years in prison. Burglary in the Second Degree is a class C felony punishable by up to 5 years in prison. In either case, your life can be seriously be effected. If you have been falsely accused of burglary, it is time to get in touch with Eugene, Oregon defense attorneys Veralrud and Fowler. Their crack legal team will help develop a defense the jury will understand so a simple mistake does not turn into a disaster.
Eugene, Oregon Defense Lawyer Burglary Mistake
It sounds strange that a person could be charged with burglary by mistake, but it happens more often than you think. Every year, many people are charged with burglary and sent to prison because they cannot prove their innocence. After all, someone says they were somewhere they shouldn’t have been doing something they shouldn’t have been doing, and the jury believed the tale.
Possible Mistakes in Burglary Trials
There are a few facts that will really mess up the prosecution’s burglary case if they are presented as evidence. The first is any sort of consent to be on the property. If it can be shown that you had permission to be on the property, that can throw serious doubt on the integrity of your accuser. Demonstrating that your presence on the property in question happened by mistake another way to avoid a burglary conviction. Malice is a basic component of a burglary case.
Accidentally ending up on a seemingly abandoned property and collecting artifacts does not qualify as burglary, unless it could be shown that you went there with the purpose of purloining valuable treasure. Similarly, if you had previously received authorization to occupy the property, this can imperil the prosecution’s case.
Criminal Trespass is a Requirement for Burglary
It is axiomatic that criminal trespass is required for a burglary conviction to be attained. In other words, without proving criminal trespass, the prosecution would have to go for a different charge such as larceny or theft. Criminal trespass has its own set of necessary and sufficient circumstances to adhere to. In Oregon, criminal trespassing is defined as “to enter or remain in or upon the premises when the premises, at the time of such entering or remaining are not open to the public or when the entrant is not otherwise licensed or approved to do so.”
Eugene, Oregon Defense Lawyer for Breaking and Entering
When you have been falsely accused of burglary, life can get scary fast. Do not get caught up in the drama. Focus, and call an expert Eugene, Oregon defense lawyer today. Veralrud and Fowler will help you beat your accidental trespassing charge. Call them today for a free consultation.
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