This crime is always a felony, meaning that providing the most aggressive, intelligent burglary defense is certainly of the utmost importance. To speak with a criminal defense lawyer, contact Van Severen Law Office at (414) 270-0202. Our defense attorneys respond to phone calls 24/7, so there’s certainly no reason to hesitate.
What is burglary?
Burglary is described in section 943.10 of the Wisconsin Statutes. 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.
A base level robbery is a Class F felony. It’s a Class E felony if committed under any of the following circumstances:
Firstly, the defendant is armed with a dangerous weapon or pepper spray; or
Secondly, the defendant, while in the burglarized enclosure, arms himself with a dangerous weapon or pepper spray; or
Thirdly, while in the burglarized enclosure, the defendant opens (or attempts to open) a depository by use of an explosive; or
Fourthly, the defendant commits a battery while in the burglarized enclosure; or
Finally, the burglarized enclosure is a dwelling, boat, or motor home, and someone is present during the burglary.
A Class E felony is punishable by up to 15 years in prison and $50,000.00 in fines. These aggravating circumstances focus mostly on violence, or the increased ability to commit violence while burglarizing a location. While these circumstances are certainly not a full-blown robbery, they certainly get close to that point.
What does the State need to prove in order to show burglary?
Breaking the statute down, certain things surely need to be proven beyond a reasonable doubt at trial. Those things are called “elements.” In detail, Wisconsin Jury Instruction Criminal 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?
That’s what we’ll discuss at your initial consultation. There may be motion issues. Maybe there aren’t motion issues, but we have a solid shot at winning a trial. It’s impossible to say exactly how to attack your case at this point – we don’t know any of the facts of your case. But give us a call, set up a consultation, and we’ll go through your burglary case. Speaking with a criminal defense attorney about your case is the first step.
If you need burglary defense, Van Severen Law Office may be able to help
The criminal defense lawyers at our firm have undeniably defended and won burglary cases. If you need burglary defense, contact our criminal defense firm today for a consultation. Phone calls are answered 24/7 at (414) 270-0202.
Remember: our law firm specifically practices criminal defense. We believe that’s most important to your defense.