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When is burglary a first degree felony?

On Behalf of | Sep 26, 2018 | Uncategorized |

Breaking and entering a property is always a serious crime, because the law in the United States holds personal security in high regard. This means that at a very minimum it is likely that you will face jail time as a result of being found guilty of such a crime.

It is, however, possible to defend yourself against a burglary charge by contesting one of the key elements of the burglary. In addition, if you have been accused of burglary in the first degree, it is possible for you to contest the elements in order to obtain a lesser charge instead.

If you have been accused of burglary in the state of Michigan, it is important that you conduct thorough research into the law so that you better understand how to defend yourself against such a charge.

What is the definition of the crime of burglary?

In order to be successfully convicted of burglary, it must be proven that you entered a building, either through force or through opportunistic entry, for example, walking through an open door, when you were not authorized to do so. In addition, it should be shown that you had the intention of committing a crime when you entered. It does not need to be shown that you did, in fact, commit theft, particularly because you may have been caught before having the opportunity to do so.

In order to defend yourself against a burglary accusation, you must be able to show that either you did not enter the building, that you were authorized to enter the building, or that you did not intend to commit a crime when trespassing within a building.

What makes a burglary of the first degree?

When a person is armed with a weapon that has the potential to be deadly, threatens a person with physical damage or causes actual injury to a person when committing a burglary, they will be charged with burglary of the first degree, which will lead to much harsher legal consequences.

If you want to defend yourself against a first degree burglary accusation, it is important that you take immediate action so that you are adequately prepared.