Burglary defense attorneys

Burglary charges could result in time in prison.  Contact Van Severen Law Office for help: (414) 270-0202.

Burglary charges in Wisconsin don’t require any kind of breaking and entering, but instead focus simply on entering certain locations with the intent to steal or commit some sort of other felony.  In other words, entering a warehouse without the consent of the owners, to steal property found within that warehouse is burglary.  But it’s also burglary to enter the same warehouse with the intent to damage property inside (so long as that damage is for more than $2,500.00, which makes it felony-level criminal damage to property).  You intended to commit felony criminal damage to property, and will likely be charged with both crimes.

Burglary carries two different penalties in Wisconsin.  Under relatively mitigated circumstances, burglary is a Class F felony in Wisconsin.  That means upon conviction you face 12.5 years prison, $25,000.00 in fines, or both.  In more aggravated circumstances (for example, you carried pepper spray while committing the offense), burglary is a Class E felony.  A Class E felony carries the potential of 15 years in prison, $50,000.00 in fines, or both.

We believe that it’s important to hire competent criminal defense counsel when facing felony charges like this.  At Van Severen Law Office, S.C., all of our criminal defense lawyers are prepared to fight your burglary charges.  Contact us at (414) 270-0202.  Let’s discuss your case and how to move forward.  All of our criminal defense lawyers offer free consultations.

What is burglary?  Section 943.10 of the Wisconsin Statutes.

Section 943.10 of the Wisconsin Statutes describes burglary.  The law states:

(1m) Whoever enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony in such place is guilty of a Class F felony:

(a) Any building or dwelling; or
(b) An enclosed railroad car; or
(c) An enclosed portion of any ship or vessel; or
(d) A locked enclosed cargo portion of a truck or trailer; or
(e) A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or
(f) A room within any of the above.

This is the Class F felony version of the offense.

The more serious version of burglary:

Burglary is  a Class E felony if committed under any of the following circumstances:

• The defendant was armed with a dangerous weapon or pepper spray.
• The defendant, while burglarizing the enclosure, armed himself with a dangerous weapon or pepper spray.  Importantly, this likely occurs when the defendant finds one of these items in the area he’s burglarizing.
• While burglarizing the enclosure, the defendant attempted to, or opened a depository by use of an explosive.
• The defendant committed a battery while in the burglarized enclosure.
• Or, the burglarized enclosure was a dwelling, boat, or motor home, and someone was present during the burglary.

Obviously these are aggravating circumstances that increase the potential for violence, or other harm done during the burglary.  While these circumstances are certainly not a full-blown robbery, the circumstances surrounding the stealing get closer to that point.

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What does the government need to prove in order to show burglary?  Wisconsin Criminal Jury Instruction 1421

Jury instructions are an important tool in the criminal justice system.  They break offenses down into smaller parts, called elements.  The government must prove each of the elements of a crime beyond a reasonable doubt in order to sustain a conviction against the defendant.  Wisconsin Criminal Jury Instruction 1421 provides the four elements of burglary:

1) The defendant intentionally entered a building; and
2) The defendant entered the building without consent of the person in lawful possession of the building; and
3) The defendant knew the entry was without consent; and
4) Finally, the defendant entered the building with intent to commit a felony, OR the defendant entered the building with intent to steal.

“Intent to steal” requires that the defendant had the mental purpose to take and carry away property without the consent of the owner, and the defendant intended to deprive the owner permanently of possession of the property.  Also required is that the defendant knew the property belonged to another and knew that the person did not consent to his taking of the property.  Burglary defense isn’t effective unless your attorney understands the law.

How do we win my burglary case?

All criminal cases are different.  In one recent burglary case, we fought the government every step of the way.  We conducted a preliminary hearing and argued for dismissal of charges.  We refused plea offers.  And when it came time for trial, the small county prosecutors backed down and dismissed the case against our client.  Not all cases progress this way.  This one was bound for trial unless the prosecution backed down.  They had a weak case, an uncooperative “victim,” and it resolved exactly as we’d hoped.

Sometimes, filing pre-trial motions achieves a similar result.  Search warrants are regularly involved in burglary cases.  When police suspect an individual stole an item from someone else, they’ll usually show up at the suspect’s home to try to find that item, or clothing worn during the burglary.  If they find this evidence, it certainly hurts our case.  But there’s hope.  Challenging the validity of a search warrant could result in evidence being suppressed for use at trial.  In other words, the government can’t use it to prove their case, and the jury never sees  or hears about it.  While not all cases (not even the majority of cases) involve bad search warrants, this is just one issue we consider when defending burglary cases.

Contact Van Severen Law Office, S.C. to discuss your burglary case.

At Van Severen Law Office, S.C., our criminal defense attorneys regularly defend individuals facing burglary charges throughout Wisconsin.  Whether it’s your first offense, or you’ve been here before, we’re prepared to help.

Burglary cases can get complex quickly.  With potential DNA evidence, search warrants, civilian witnesses, and police witnesses, it may feel like the cards are stacked against you.  But we think that the best countermeasure for this is hiring a smart, aggressive criminal defense attorney from a respected, powerful criminal defense law firm.  You’ll meet a few attorneys just like that at Van Severen Law Office, S.C.

Finally, we believe in transparent fees and making sure we’re on the same page when defending your criminal charges.  We offer free initial consultations to potential clients clients considering our firm.  Contact us at (414) 270-0202 to begin discussing your case, or to set up a time to come in.