Metairie Burglary Lawyer
Of all the criminal charges filed in Metairie, those involving burglary are some of the most common. They are also some of the most misunderstood. The Louisiana statutes outline different types of burglary and if you are convicted, the penalties you will face depend largely on the type of charge you are facing, and the specific facts of your case. Below, our Metairie burglary lawyer explains the different types of burglary under the law, the penalties for those convicted of them, and the defenses that can help you avoid those consequences.
What is Burglary in Metairie?
Many people believe that burglary occurs when a person breaks into and enters another person’s home or private property. This is not true. Breaking and entering occurs when a person forces their way into another person’s property and enters the structure. A person does not need to commit theft or any other crime in order to be charged with burglary. The same is not true with burglary.
Louisiana law outlines both simple and aggravated burglary. Simple burglary is the act of unlawfully entering any dwelling, vehicle, watercraft, or other structure with the intent of committing theft or a felony crime once inside. When a person unlawfully enters a cemetery with the intent to steal or commit a felony, they can also be charged with burglary. In certain situations, a simple burglary charge can be upgraded to aggravated burglary. These situations are as follows:
- The defendant was armed with a dangerous weapon,
- Once inside the structure, the defendant armed themselves with a dangerous weapon, or
- Once inside the structure or while entering or exiting it, the defendant committed battery against another person.
Unlike with other criminal offenses, burglary cases usually do not have eyewitnesses who saw the act. As such, it is not uncommon for people to make false accusations. If you have been charged, it is essential that you work with a Metairie burglary lawyer.
What are the Penalties if Convicted of Burglary?
A conviction for burglary will result in different penalties depending on the type of burglary committed and the specific facts of a case. Simple battery is punishable by up to 12 years in prison, while a conviction for aggravated battery can result in anywhere between one to thirty years in prison. Although the minimum mandatory sentence for aggravated battery is just one year, this also increases if a firearm was used. In these cases, a conviction will result in a minimum of three years in prison.
Defending Against Burglary Charges
While being charged with burglary may seem hopeless, there are several defenses that can help you beat your charges. The most common of these include:
- Mistake of fact
- Lack of intent
- Factual innocence, such as mistaken identity
- Consent was given to enter the property
- Police misconduct, such as an unlawful search and seizure
A defense lawyer can review the facts of your case to determine which defense is most suitable for your case.
Our Burglary Lawyer in Metairie Can Explain Your Legal Options
If you are facing charges, it is critical that you speak to our Metairie burglary lawyer at Palazzo Law Firm as soon as possible. Our skilled attorney will review your case to gain a full understanding of the situation, and provide the best advice about how to move forward. Call us now at 504-433-1442 or contact us online to schedule a free consultation.
