Hanover Burglary Lawyer
Burglary in Hanover, Virginia is breaking and entering another person’s home with the intent to commit some kind of crime, such as murder, rape, robbery, arson, assault and battery, or larceny. Depending on the second part of the alleged crime, the consequences can vary. Someone facing burglary charges should hire a Hanover burglary lawyer immediately, to help them navigate through the nuances and prepare a defense, because burglaries are always considered felonies and carry a severe amount of jail time.
Burglary Charges
Burglaries are treated very seriously in Hanover. The first level of burglary can be a class III felony, which is breaking and entering a home to commit murder, rape, robbery, or arson. The penalty is five to twenty years in prison and a $100,000 fine.
The second level of burglary would be breaking into a home to commit a misdemeanor, like assault and battery or larceny. That carries a 20-year maximum penalty and a fine of up to $2,500.
The main difference between burglary and trespassing is the act of breaking and entering, and subsequently the intent once that breaking and entering is done. A trespass does not include the element of breaking and entering.
Prosecuting Burglary in Hanover
The first element that the prosecution is going to have to prove in a burglary case is the act of breaking. There has to be some form of breaking, even if it is simply tripping or triggering a lock or opening a window or door. Once the prosecution has proven the breaking, they have to prove the entering, which is going into the house or home in any way, shape, or form. Then they have to prove the intent of the individual at the time of that breaking and entering. The intent can be to commit murder, rape, robbery, or arson, or the intent to assault, or commit a larceny. If somebody breaks and enters into a home with intent to sleep or get out of the cold, it is not likely to be considered and charged as burglary. In such instances, an experienced and aggressive Hanover burglary lawyer becomes all the more important. Someone who is familiar with the prosecution and handling of these cases can eloquently defend a person against unjust burglary charges, explaining that a person did not have the intent to commit a crime upon entry into another person’s home.
Aggravating Factors
The main aggravating factor with burglary is the use or inclusion of a deadly weapon. If someone breaks and enters into a home and they possess some form of deadly weapon, like a machete or firearm, that aggravating factor of having a weapon means a penalty of 20 years to life.
Damages to a Person’s Property
With an attempted burglary, it is not only important to look at the robbery charge, but also to look at subsequent charges of misdemeanor or felony property damage. On top of fines, the accused might also have to pay restitution to make the victim whole.
Benefits of a Hanover Burglary Lawyer
Having a burglary lawyer in Hanover provides peace of mind. It is always good to have someone who knows the nuances of the law and is there to prepare a proper defense and help the client through the process with a favorable result.
It is also good to work with a local Hanover burglary attorney, because they will have been in front of the judges, will know the law, will able to argue successfully, and will able to give their client an informed understanding of what they are going to face when they walk into the courtroom.
