When a person is charged with burglary in California, the prosecution must show two essential factors. They must first demonstrate that the defendant entered an occupied room or residence. Second, they must show that the suspect did so with the intention of committing a theft or other criminal.

If the prosecution fails to show one of these conditions, the case will be dismissed. As a result, even if you did conduct a crime, they won't be able to convict you of burglary if they can't establish you had the purpose to do so. Is claiming a lack of purpose the best method to defend yourself against this charge? Read on to learn more, and then contact Law Office of Michael L. Fell for a free legal consultation at (949) 585-9055.

Evidence that can be used to prove burglary intent in a case

The prosecution will assess if they have enough evidence to prove that you committed this crime. They won't be able to read your thoughts, so they'll rely on tangible evidence to prove you intended to commit a crime.

One example might be film from a security camera that you viewed multiple times while scoping out the property. If you were dressed in the dark clothes associated with stealing, wore a ski mask, or possessed burglary equipment, all of this may be used to prove your purpose.

You can defend yourself against claims of intent in a variety of ways

If the prosecution utilizes particular incidents to prove that you intended to commit a crime, your criminal defense lawyer can explain how these incidents were taken out of context. If they utilize surveillance footage to prove you were at the property several times, for example, your attorney might argue that you had a reasonable cause to be there. Your attorney may establish that you regularly wear dark clothes and that you were chilly if you were wearing dark gear or a ski mask.

If you're facing burglary accusations, hiring an attorney is your best bet

You should consult a criminal defense counsel regardless of the circumstances, whether you committed the crime or were not engaged at all. We'll start with a free legal consultation when you call Law Office of Michael L. Fell at (949) 585-9055. We'll spend time getting to know you, your situation, and your alternatives. After that, we'll be able to present you with a legal strategy for going ahead.

Depending on the evidence against you, negotiating with the prosecutor for considerably reduced charges may be the best alternative. In some cases, taking your matter to court may be the best option. We may even be able to prevent charges from being brought in the first place if you contact us before they are filed. To get your defense off the ground, give us a call right now.