How can a criminal charged with theft build a case to defend their innocence? This is a task for the criminal law attorney in Bessemer, AL. The team will begin by looking at the two core aspects of a burglary charge, as defined by the courts.
• Enter a habitation or building not open to the public with the intent to commit a felony
• Conceal yourself in that habitation/building and commit/attempt to commit a felony
The above examples seem quite clear, but there is a single word in the first phrase and another important word in the second phrase. The first is essential, and drives at the very center of building a defense case. The word is intent.
The intent of the crime can play a huge factor in how the case will unfold. People will naturally assume the worst. It is true that the person who entered into a private home is at fault in some regard, and that will be addressed. But, what was their intent? A homeowner living on the premises may assume the burglar wanted to kill everyone in the house, but is that the truth? Was the intent to, say, find someone or to steal back an item they owned? Neither of these things are a good reason to enter another home without permission. Almost nothing is good reason. But, the prosecution may turn the intent of the burglar into something else entirely, and that can wreck havoc. Visit Forstman & Cutchen LLP to explore the options and to learned about the line of intent.
Another word was hinted above. The second word is “attempt” and it is also extremely important. An attempt is not an assumption. The very act of an attempt has to have evidence. What was the potential criminal attempting to do? Is there evidence to support they were attempting to do that at all? For example, a prosecution may claim that the burglar attempted to harm then, but did not. What if the burglar stole nothing? All these layers build upon the nuances of a defense case with a criminal law attorney in Bessemer, AL.