Burglary Lawyer in Birmingham, AL

Burglary in Alabama

If you have been charged with burglary in Alabama, you may be wondering how a burglary lawyer can help you defend your case. The state must prove every element of a criminal charge against you, and failure to prove one element can lead to an acquittal. Our experienced theft attorneys may be able to get your charges reduced or dismissed prior to your trial.

Contact Alabama Criminal Lawyers today at (205) 981-2450 for a free consultation.

Burglary Definitions

There are several important definitions to understand when it comes to burglary charges in Alabama.

Building-A building is any structure used for business, public use, lodging, or the storage of goods. This includes vehicles, aircraft, and watercraft used for business or lodging.
Dwelling-A dwelling is a building that is used for sleeping, living, or lodging.
Enter or remain, unlawfully-A person, enters or remains unlawfully if they enter a premises without license or privilege to do so.

First Degree Burglary

A person commits first-degree burglary if they enter or remain unlawfully in a dwelling with the intent to commit a crime or in-flight therefrom and commits one or more of the following acts:

Is armed with explosives
Causes an injury to a person who is not involved in the commission of the crime
Is armed with a deadly weapon and uses or threatens to use the weapon (this does not include acquisition of a deadly weapon during the commission of a burglary)

First-degree burglary in Alabama is a Class A felony.

Second Degree Burglary

A person commits second-degree burglary if they knowingly (with or without another person) enter a building with the intent to commit theft or a felony or in flight from a crime committed in a building and also does one or more of the following:

Is armed with explosives
Causes physical injury to any person who is not a participant in the crime
Is armed with a deadly weapon or dangerous instrument and uses or threatens to use the weapon or instrument during the commission of the crime

A person may also be found guilty of second-degree burglary when they enter a dwelling unlawfully with the intent to commit a crime or theft but the elements of first-degree burglary are not met. Second-degree burglary is a Class B felony in Alabama.

Third Degree Burglary

A person commits third-degree burglary if they:

Unlawfully enter or remain in a dwelling with the intent to commit a crime while inside the home.
Knowingly enter or remain in an occupied or unoccupied building with the intent to commit a crime therein.

Third-degree burglary is a Class C felony in Alabama.

Possession of a Burglar’s Tools

Did you know that possessing burglar’s tools is a Class C felony in Alabama? A person is guilty of this crime if they possess any explosive, tool, or instrument adapted or commonly used to commit forcible entry into a home or theft by taking and intend to use the item to commit this type of crime.

The state must prove that you had the intent to commit a crime—possession of tools or instruments that could be used to commit a crime are not enough. A burglary lawyer may be able to argue that you did not intend to use tools to commit the crime to defend this type of charge, even if you possessed instruments that are often used to commit burglary such as lock picks.

Sentencing for a Burglary Conviction

If you have been accused of burglary, you are facing very serious charges and potential fines, community service, court costs, and time in prison.

You have a right to request a jury trial where the state must prove its case. In most cases, the prosecutor and your defense attorney will engage in negotiations to work out a plea agreement. If you accept a plea agreement, you will plead guilty to a lesser charge or sentence than what you might have received if your case had proceeded to trial.

A guilty plea will go on your record as a conviction and is just the same as if you had been found guilty after a jury trial. You should think very carefully before accepting any plea agreement due to the impact a conviction could have on your future. In some cases, accepting a plea deal is likely to get you the best outcome—it all depends on the facts of your case. Our attorneys can advise you about what is best for your case after reviewing all the evidence and discussing possible defenses with you.

A juvenile burglary sentence is typically less than it would be for an adult, but a juvenile may be tried as an adult in some cases. It is important to consult an attorney about the differences between juvenile and adult court and when a juvenile may be tried as an adult.

Burglary Defenses

There are many possible defenses to a burglary charge. Following are examples of some potential defenses:

Lawful Entry-If you entered a place with license or privilege, you may not be found guilty of burglary, although you may be guilty of another charge if a crime was committed on the property.
Lack of Notice – Similar to a defense of lawful entry, you must have notice of being prohibited from entering a public place. If the prosecution cannot prove that you were given notice that you are prohibited from entering an area open to the public you must be found not guilty.
Lack of Intent to Commit a Theft or Crime – You must have the intent to commit a crime or theft when you enter or remain in a building or dwelling unlawfully to be guilty of burglary.
Duress or Coercion – If you were under extreme duress at the time that the crime was committed, you can allege that you would not have committed any wrongful acts if not for the duress or coercion. For example, if a co-defendant threatened you with serious bodily harm or death if you did not act as an accomplice in the crime, you may be able to argue that you were under duress.
Mental Disease or Defect – If you were unable to understand right from wrong or conform your conduct to the requirements of law at the time a burglary was committed, you may be found not guilty by reason of mental disease or defect. If you are unable to understand the proceedings against you due to a mental condition, you may be found unfit to stand trial until your fitness to understand the proceedings and assist in your defense is restored.

Even if you do not have a complete defense to a burglary charge, it may be possible to get charges reduced if you were not guilty of all the elements of burglary but may be guilty of a less serious crime such as criminal mischief or trespass. For example, if you entered a building unlawfully but had no intent to commit a crime or theft, you may be guilty of trespass instead of burglary. If you entered a dwelling or building lawfully but stole an item within the premises, you would be guilty of theft instead of burglary.

Speak to a Burglary Lawyer About Your Case

Have you been accused of burglary in Alabama? Never plead guilty without a lawyer—the impact on your future could be devastating. Even if you think the state has evidence against you, every case is defensible. At Alabama Criminal Lawyers, we have successfully defended many burglary cases and can often get charges reduced or even dismissed prior to trial.