How can a criminal charged with theft build a case to defend their innocence? This is a task for a criminal law attorney in Emporia, KS. Our team will begin by looking at the two core aspects of a burglary charge, as defined by the courts:
• Entering a habitation or building not open to the public with the intent to commit a felony
• Concealing yourself in that habitation/building and committing/attempting to commit a felony
The above definitions seem quite clear, but there is an important key word in the first definition that could make all the difference in a case. That 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? The homeowner may assume that the burglar wanted to kill everyone in the house, but is that the truth? There really is no good reason to enter a home without permission, but the prosecution may turn the intent of the burglar into something else entirely, and that can wreck havoc.
Another word was mentioned above. The word “attempt” is also extremely important. An attempt is not an assumption. There must be evidence of what exactly they were attempting, and that an attempt was made. For example, the prosecution may claim that the burglar attempted to harm someone, 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 Emporia, KS. Get the caring and compassionate defense you need with the help of the lawyers at Helbert & Allemang Law Offices.
