The crimes of theft and burglary are often mistaken as being the same offense, but burglary can actually be committed without a theft taking place. As your criminal defense attorney can explain to you, burglary involves unlawful entry into a building, vault, or container with the intent to commit another crime. For instance, a person can be charged with burglary for entering a building without permission and setting fire to it. When you hire a criminal defense attorney in Denver, CO, he or she will develop the defense strategy that is most likely to be effective.
Under the letter of the law, it isn’t the responsibility of a criminal defense attorney to prove that a defendant is innocent. The burden of proving a defendant is guilty lies with the prosecutor. This means that it’s possible for your criminal defense attorney to secure a “not guilty” verdict by creating sufficient doubt as to your guilt. Your lawyer may accomplish this by drawing the jury’s attention to the holes in the prosecutor’s argument, such as by discrediting the prosecutor’s witnesses or pointing to flaws in physical evidence.
The existence of a solid alibi is a compelling reason to find a defendant “not guilty.” Your alibi is a reason, backed by proof, why you could not have committed the crime. For example, you might have been at a bank across town at the time the crime was committed. The bank would have time-stamped surveillance footage that shows you interacting with a teller.
It’s the responsibility of the prosecutor to prove that a defendant committed unauthorized entry into a building or structure. This means that your criminal defense attorney can build a strong defense based on the credible belief of authorization. Hypothetically, you may have had permission to enter your neighbor’s garden shed to borrow a chainsaw on Tuesday. If you re-enter the garden shed to borrow the chainsaw again on Friday, you might have done so under the presumption that you still had permission.
Choice of Evils
A choice of evils defense is one that argues that you only committed a burglary to prevent an emergency situation that would have led to serious harm. Hypothetically, your child is having an asthma attack in a parking lot. You don’t have an emergency inhaler with you, so you break into the nearby pharmacy to get one because your child might die otherwise.