At Perlman & Cohen Los Angeles Criminal Lawyers, we know common defenses against burglary charges can save you from a burglary conviction. Burglary charges can be intimidating and challenging to handle. However, we employ proven methods to defend against these criminal charges. We work to create reasonable doubt about your guilt. Our skilled defense attorney team knows how to beat the prosecution's case under criminal law.
We defend clients against burglary charges all over Los Angeles. Every burglary case is unique and requires special attention. Our seasoned criminal defense attorney will look at every part of your case. We build the best defense possible. The methods listed below have helped many clients avoid convictions. We also understand how a burglary conviction can affect your life, especially since employers conduct background checks.
Burglary charges need specific parts that prosecutors must prove beyond a reasonable doubt. We focus on challenging these parts and the prosecution's evidence. A knowledgeable criminal defense attorney looks at each piece of the alleged offense. We identify weaknesses in the prosecution's case. This helps us build a strong defense for you.
Our criminal defense lawyers look at every part of the prosecution's case to find problems. We conduct thorough investigations and review all the evidence. This helps us make good defense plans. We look for ways to create reasonable doubt about whether you committed the alleged crime.
These defensive measures have worked well in defending against burglary charges:
Your defense strategy depends on what happened in your case. You need expert legal help to pick the right approach. Each case requires a plan tailored to the specific facts and evidence.
Criminal intent is something prosecutors must prove in all burglary cases. They must show you had the intent to commit theft or another crime when you entered. Without proving this criminal intent, they cannot get a burglary conviction. The prosecution's argument often fails when we show a lack of intent. This defense works well against both first-degree burglary and second-degree burglary charges.
Many situations show a lack of intent to commit burglary. These include wrong entry, going in for legal reasons, or cases where you had permission first. The defendant believed they had a right to be there. You may have entered by mistake or for work reasons. These facts help prove you never meant to commit theft.
We gather evidence to support lack-of-intent claims through witness statements and other proof. This defense requires a careful presentation of facts that prove your genuine reasons. We work hard to show you never meant to commit theft or any other crime. The defendant acted without criminal intent. This can result in an acquittal.
A credible alibi proves you were somewhere else when the alleged burglary happened. This makes it impossible for you to have committed the crime. When we have good proof, a solid alibi can get you a not-guilty verdict. This defense is one of the most effective ways to defend against burglary charges. A credible alibi creates strong, reasonable doubt about your guilt.
Evidence that supports alibi defenses includes:
We emphasize the importance of obtaining this evidence promptly before it is lost or destroyed. Time matters a lot with evidence like this. Our defense attorney team acts promptly to gather and preserve this evidence.
Alibi defenses can be challenging because they require credible witnesses and strong evidence. We work to support alibi evidence and present it competently to juries. We address and strengthen any weaknesses in your alibi. We also strengthen the supporting evidence through a thorough investigation. The legal process requires careful handling of alibi evidence.
The consent defense demonstrates that genuine consent to enter a property eliminates the unlawful entry component of burglary. This consent can be clear permission or understood in some cases. When consent exists, the prosecution's case loses a vital element necessary to win. The consent defense is useful in residential burglary cases. It also helps with commercial property charges.
Examples of consent cases include businesses operating during work hours and invitations from individuals who reside there. You may have reasonably thought you had permission to enter. The defendant believed they were allowed to be there. These situations remove the unlawful entry requirement. This makes it hard for prosecutors to prove their case.
Proving consent means showing that someone with power gave permission. You must also show that you did not get consent through lies or force. We establish consent through witness testimony and papers that prove permission. The consent defense must demonstrate that entry was lawful, not part of a criminal offense. This defense strategy can lead to a case dismissal.
Many burglary cases rely on circumstantial evidence rather than direct proof of the alleged crime. Circumstantial evidence can be wrong and have many meanings. This creates chances to raise a reasonable doubt about whether you were involved. The prosecution's evidence often does not tell the whole story. We can present additional evidence that supports alternative explanations.
Common examples of weak circumstantial evidence include:
Our skilled defense attorney team finds gaps in circumstantial evidence. We present alternative theories that create reasonable doubt. We conduct thorough investigations to find evidence that supports these alternative explanations. The prosecution's narrative often falls apart when we show complete alternative theories with proof.
The claim of right defense applies when you honestly thought you had a legal right to the property. You must have really believed this, even if you were wrong about your legal rights. The defendant believed they were acting within their rights, not committing a serious crime. This defense shows you had no criminal intent. It can prevent a permanent criminal record.
Examples include landlord-tenant fights, family property disputes, or cases with borrowed items where ownership is disputed. These cases often involve good-faith disagreements about property rights. They do not involve criminal intent. The defendant acted based on an honest belief about their rights. These situations occur more frequently than people realize.
Supporting claims of right defenses requires papers showing ownership claims and communications demonstrating a good-faith belief. We also use witness testimony to prove your honest belief. We show these cases to prove honest belief rather than criminal intent. This defense strategy focuses on what you were thinking when the alleged offense happened. Legal counsel can help determine if this defense fits your case.
The Fourth Amendment protects against unreasonable searches and seizures by police. Evidence obtained illegally cannot be used in court. This can significantly weaken or even destroy the prosecution's case. When key evidence gets thrown out, prosecutors often cannot prove their case beyond a reasonable doubt. This leads to case dismissal or reduced charges.
Common cases for excluding evidence include searches conducted without a warrant and searches that exceed the scope of the warrant. Police may seize things without probable cause or violate Miranda rights. Even small mistakes by police can lead to evidence being thrown out. Police reports sometimes show these constitutional violations. We look for these mistakes in every case.
We file motions to suppress evidence when police violate your constitutional rights during evidence collection. Our criminal defense lawyers find constitutional violations that others might miss. We carefully review police procedures and reports to ensure accuracy. Successful suppression motions often result in reduced charges or complete case dismissals. This can save you from severe penalties and harsher penalties.
Eyewitness testimony is often flawed due to psychological factors that influence memory and identification. Stress, poor lighting, distance, and time all impact how effectively witnesses can identify individuals. These factors create chances to challenge the prosecution's evidence. Even honest witnesses can make mistakes that lead to mistaken identity. This creates reasonable doubt about your guilt.
We examine specific factors when evaluating eyewitness testimony. These include how the identification occurred and whether the witness had a clear view of the suspect. We also verify if the police followed the correct procedures to prevent false identification. The legal process for identification can be flawed. We investigate whether proper procedures were followed during witness interviews.
We utilize expert testimony and effective questioning to demonstrate eyewitness problems to juries. We investigate the backgrounds of witnesses to identify potential biases that may influence their testimony. Expert testimony helps juries understand how memory works and why mistakes happen. Even honest witnesses can make mistakes that lead to wrong accusations. This defense strategy helps create reasonable doubt in burglary cases.
Mental state defenses explain how some mental health conditions can affect criminal responsibility. These defenses do not excuse behavior but may reduce charges when properly shown. The defendant's mental state at the time of the alleged crime becomes very important. These defenses can prevent severe penalties. They may also help avoid a permanent criminal record.
Different mental state defenses include reduced capacity, mental illness, involuntary intoxication, and developmental disabilities. These conditions can affect your ability to form the needed criminal intent to commit burglary. The legal system knows that mental health issues can impact criminal responsibility. The defendant acted based on their mental condition, not criminal intent.
Setting up mental state defenses needs psychiatric evaluations and a review of medical records. We also use expert testimony from qualified mental health professionals. These defenses require careful documentation and the testimony of qualified expert witnesses to succeed. We work with mental health professionals to show compelling evidence about your mental state. This can lead to reduced charges or alternative sentencing.
Forensic evidence, such as fingerprints, DNA, and tool marks, appears very reliable but can still be challenged. Improper collection, contamination, or errors in analysis can make forensic evidence unreliable. Even scientific evidence has its limits, which skilled attorneys can expose. The prosecution's argument often relies on flawed forensic analysis. We can challenge this evidence through careful review.
We challenge forensic evidence by questioning the following:
Independent testing sometimes reveals errors or alternative explanations for the presented evidence. Our criminal defense team works with forensic experts to find weaknesses in the prosecution's scientific evidence. Forensic analysis can have mistakes that create reasonable doubt. This technical approach can seriously weaken the prosecution's case.
Police must follow specific procedures during investigations and arrests to ensure the protection of your constitutional rights. Violations of these procedures can result in the exclusion of evidence and the dismissal of cases. The legal system has strict requirements that police must follow. Even small violations can have serious consequences for the prosecution. Police reports often reveal these procedural mistakes.
Common police procedure violations include wrong Miranda warnings and illegal searches. Police may fail to get proper warrants or violate questioning rules. These violations can hurt the entire prosecution's case against you. We look for these mistakes in every case we handle. Even technical violations can provide strong grounds for challenging evidence.
We investigate police conduct and find procedural violations through police reports and body camera footage. We also use witness interviews to uncover police mistakes. We emphasize the importance of a thorough investigation in identifying these violations. Police procedure violations often provide strong grounds for challenging the prosecution's evidence. This can lead to case dismissal or significantly reduced charges.
Entrapment happens when police make someone commit a crime they would not have done otherwise. This defense requires meeting specific legal standards that focus on police conduct. The prosecution must prove you were likely to commit burglary anyway. Courts look at several factors, including your willingness to commit the crime. They also examine how much police encouraged criminal behavior.
Courts distinguish between legal undercover operations and illegal entrapment based on several factors. These include whether you were likely to commit the crime and how much police pushed you. The circumstances surrounding the alleged crime are essential in entrapment cases. The defendant's criminal history plays a role in these defenses. A prior criminal history can hurt entrapment claims.
We establish entrapment defenses through evidence of police conduct and your background. We also look at the specific circumstances of the alleged burglary. Proving entrapment presents challenges, but this defense can be effective in the right cases. We gather evidence showing that the police went too far in encouraging criminal behavior. This defense requires demonstrating that the police contributed to the commission of the crime.
Plea deals offer alternatives to trial that can result in reduced charges and lighter sentences. These negotiations may be better than risking conviction at trial for a serious crime. Many burglary cases end through plea negotiations rather than trials. We can negotiate plea deals that protect your interests. This can help you avoid severe penalties and a permanent criminal record.
Several factors influence plea deal decisions, including the strength of the prosecution's case. We also look at potential trial penalties and your criminal record. Personal circumstances matter too in these decisions. We evaluate these factors to advise you about accepting plea offers. Our goal is always to get the best possible outcome for your situation.
Plea decisions are ultimately your choice, but they need careful analysis of all options. We negotiate good plea terms and make sure you understand all the consequences before making decisions. We protect your rights throughout the legal process while seeking the best possible outcome. Sometimes, plea deals prevent harsher penalties that could result from a trial conviction. We help you make informed decisions about your case.
Burglary charges carry serious consequences, including prison time and substantial fines. They also affect your chances of getting a job or housing, as employers check criminal records. Legal help is crucial to protect your rights. The legal system is complex and requires expert knowledge. Prosecutors have skilled lawyers; therefore, you need a strong defense as well.
Our criminal defense attorneys carefully review the evidence presented and gather other evidence. These resources improve your chances of freedom and avoid a permanent criminal record. At Perlman & Cohen, we have experience with residential and commercial burglary cases. We fight hard to get the best results for you.
Time is critical in criminal cases. Early legal help can improve your chances. Perlman & Cohen offers free consultations with no obligation. We discuss your case and present evidence to build a robust defense strategy. Acting quickly protects your rights and helps prevent the loss of key evidence. During your consultation, we explain your options and how to fight charges. If the prosecution has insufficient evidence, we use that to our advantage. Contact our experienced criminal defense attorneys today. We are committed to protecting your rights and helping you avoid burglary convictions and permanent criminal records.
