The first step is to look at the elements of the crime. There is a mental state and an act that must be performed. The mental state of intending to commit some crime inside must occur prior to the breaking and entering. The evidence has to be examined to determine if the prosecutor can prove beyond a reasonable doubt that the defendant intended to commit a crime inside prior to entering and if the defendant had the mental capacity to form that specific intent to commit the crime. Next, look at whether the wall, outer door, window, or shutter was forcibly opened. The defendant must have then entered somehow by breaking the plane of the door, window, shutter, etc.
Other defense strategies include:
- Didn’t do it
- Lack of evidence
- Had the permission of the owner/occupier of the place you entered
- Thought you had the permission of the owner/occupier of the place you entered
- Didn’t have the intent to commit a crime inside
- The place entered doesn’t meet the statutory definition of the place required to be entered
- Mistaken identification
For more information on Defense Strategies In Burglary Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.
Current as of: November 20, 2017