Burglary Arrests In Connecticut (Part 2 of 3)
Burglary Arrests In Connecticut
(Part 2 of 3)
As any of the top Greenwich and Stamford Connecticut criminal lawyers would agree, one of the most effective methods in fighting a Burglary arrest in Darien, Wilton or Danbury Connecticut is to challenge the element of intent. In every Connecticut Burglary arrest, Connecticut prosecutors must prove that you intended on committing a crime inside the premises. That’s why the best Stamford Burglary criminal lawyers and attorneys will approach each case by carefully reviewing the digital and electronic surveillance footage. They will analyze the police reports and witness statements for errors, omissions, and inconsistencies. They may also conduct a forensic examination (oftentimes with the assistance of forensic experts) of the physical evidence collected by police in a Stamford Burglary arrest. In addition to surveillance and physical evidence, your top Stamford and New Canaan criminal lawyer may subpoena and preserve 911 call recordings, police dispatch records, and cell phone tower records, all of which may be helpful in supporting an alibi defense to a Stamford Connecticut arrest for Burglary. Your top Stamford Connecticut criminal lawyer will know the appropriate time to file these motions with the court. Diligent and aggressive trial preparation is also a big advantage for your Stamford criminal lawyer when it comes to entering into plea negotiations with Connecticut state prosecutors. You see, the more defense ammunition your top New Canaan and Wilton Connecticut criminal lawyers and attorneys have in their arsenal, the more likely a state prosecutor will see the weaknesses in their Burglary case against you, and will possibly reduce your Stamford Connecticut Burglary arrest to a criminal trespass, or drop the charges altogether.Getting Your Connecticut Burglary Arrest Reduced to a Criminal Trespass Misdemeanor
As the best Stamford Connecticut criminal lawyers will concede, the Connecticut criminal statutes of Burglary and Criminal Trespass have some overlapping components. Both crimes punish varying degrees of entering or remaining inside different types of premises without permission. There are 3 classes of Criminal Trespass: First Degree Criminal Trespass (CGS 53a-107), a Class A misdemeanor, carrying up to 1 year in prison if convicted; Second Degree Criminal Trespass (CGS 53a-108), a Class B misdemeanor, that carries up to 6 months in prison, and Criminal Trespass in the Third Degree (CGS 53a-109), a Class C misdemeanor that carries up to 3 months in prison. Click here if you were arrested for Criminal Trespass in Stamford, Greenwich, Darien or New Canaan Connecticut.
The key distinction between Burglary and Criminal Trespass arrests in Connecticut is that a Burglary always requires an additional element—the intention of committing a crime inside the premises. So if you entered a building unlawfully, but there is no evidence that you intended to commit a crime inside, then you should not be charged with any degree of Burglary. Top New Canaan and Ridgefield criminal lawyers often see teenagers arrested for overblown charges of Burglary who are fooling around or throwing underage drinking parties in abandoned houses or on public or private property without permission, when in fact the circumstances only warrant a Criminal Trespass arrest under CGS 53a-108. What further exacerbates these cases is damage and vandalism to the property, or drug use or sex assault inside the property.
Top Stamford Connecticut criminal defense attorneys will sometimes see heavy-handed prosecutors threaten a Burglary charge in a Criminal Trespass case just to get you to plead guilty to the Criminal Trespass. Don’t be intimidated. Consult with a top Darien, Ridgefield, or Wilton Connecticut criminal lawyer who is not afraid to push back against aggressive prosecutors and district attorneys. If your attorney believes that the State does not have enough evidence to convict you of Burglary, then your attorney will bring that to the prosecutor’s and judge’s attention during any plea negotiations. Remember that the most important consideration is to be prepared, understand the strengths and weaknesses of your case, and work closely with your top Stamford Connecticut Burglary lawyer to try and get the best results possible.Can I Get Accelerated Rehabilitation for My Burglary Arrest?
Yes, but only if you are arrested in Connecticut for Second Degree Burglary (CGS 53a-102) or Third Degree Burglary (53a-103). And even though these crimes are technically eligible for Connecticut’s Pre-Trial Accelerated Rehabilitation Program (also known as “AR”), getting this program is not automatic. Your top Westport and Fairfield Connecticut criminal lawyer attorney will need to assemble a compelling mitigation package to persuade a Connecticut criminal court judge to suspend the prosecution of your case, grant you the Connecticut AR program, and then dismiss your Connecticut Burglary arrest during a probationary-type program of up to 2 years, which could include mandatory drug counseling, community service or urine tests.
Continue Reading…Burglary Arrests, Part 3 of 3
(Conspiracy Charges in Burglary Cases, Risks of Home Invasion Arrests, and much more)