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Burglary

Defending Against Burglary Charges in Monongalia County, WV

Frank Walker Law – Experienced Criminal Defense Attorney

Being charged with burglary in Monongalia County, West Virginia, is a serious criminal matter that can have life-altering consequences. If you're facing burglary charges, it’s essential to understand the severity of the crime and the possible penalties involved. In addition, securing the right defense strategy is crucial to protecting your rights, freedom, and future. 

At Frank Walker Law, we specialize in defending individuals accused of violent and property crimes, including burglary. We understand the intricacies of West Virginia burglary laws and know how to craft a defense tailored to your case. With years of experience defending clients in Monongalia County, we will work diligently to provide you with the best defense possible.

What Is Burglary Under West Virginia Law?

Under West Virginia law, burglary refers to the unlawful entry into a building or structure with the intent to commit a crime, such as theft, assault, or vandalism. Burglary does not require that any property be stolen or damaged; it is the intent to commit a crime within the structure that constitutes the offense. 

West Virginia law outlines several types of burglary offenses, which include: 

  • First-Degree Burglary (WV Code § 61-3-11): This is the most serious form of burglary and involves unlawfully entering a building with the intent to commit a felony, such as theft or assault. It also includes burglary that involves the use of a deadly weapon or causes injury to the occupants. A conviction can result in a sentence of 10 to 40 years in prison. 

  • Second-Degree Burglary (WV Code § 61-3-12): This type of burglary involves unlawfully entering a building with the intent to commit a misdemeanor or any crime other than a felony. Second-degree burglary can carry a sentence of 1 to 15 years in prison. 

  • Third-Degree Burglary (WV Code § 61-3-13): Third-degree burglary involves entering a structure, such as a vehicle, with the intent to commit a crime. A conviction may result in a sentence of 1 to 5 years in prison. 

Penalties for Burglary Convictions in Monongalia County, WV 

Burglary charges in Monongalia County, WV, come with significant penalties, and these penalties are influenced by the degree of the charge. For instance: 

  • First-Degree Burglary: Conviction can result in a lengthy prison sentence of 10 to 40 years. If the crime involved violence, use of a weapon, or harm to victims, the penalties could be harsher. 

  • Second-Degree Burglary: A conviction may carry a prison sentence of 1 to 15 years, along with potential fines and restitution to the victim. 

  • Third-Degree Burglary: This crime is considered less severe but can still result in 1 to 5 years in prison, especially if aggravated circumstances are present. 

Common Defenses Against Burglary Charges in Monongalia County, WV

Facing burglary charges can be intimidating, but an experienced criminal defense attorney can help build a strong case to protect your rights. While each case is unique, some of the most common defenses against burglary charges include:

1. Lack of Intent

To be convicted of burglary, the prosecution must prove that you intended to commit a crime when you entered the property. If you did not intend to commit any crime—whether it was theft, assault, or another illegal act—the charge of burglary may not apply. For example, you may have entered a building with no criminal purpose, and the evidence might not support the prosecution's case.

2. False Accusations or Mistaken Identity 

Burglary accusations can sometimes arise from mistaken identity or false claims. If you are falsely accused of committing burglary, or if someone else is responsible for the crime, we will work to expose the truth. We may use alibi evidence, surveillance footage, or witness testimony to challenge the accusations.

3. Lack of Evidence

In many burglary cases, the prosecution must present evidence to prove that you unlawfully entered a building with the intent to commit a crime. If there is insufficient or unreliable evidence, we will work to weaken the case against you. The prosecution must prove their case beyond a reasonable doubt, and if they cannot, the charges may be reduced or dismissed.

4. No Actual Burglary Occurred

In some cases, what may appear to be burglary could actually be an innocent situation. For example, if you were invited onto the property or mistakenly entered the wrong building, there may not be a crime at all. Similarly, if you were unaware of any intent to commit a crime, we will demonstrate that no burglary occurred.

5. Lack of "Breaking and Entering"

Under West Virginia law, burglary requires "breaking and entering" into a structure. If you entered a building through an unlocked door or window, it may not qualify as burglary. We will evaluate the circumstances of your entry to determine whether the "breaking and entering" element of the crime can be challenged.

The Importance of Legal Representation in Burglary Cases

Burglary charges can have severe consequences, including significant prison sentences, fines, and a criminal record that may affect your future employment, housing, and more. It is critical to work with an experienced Monongalia County criminal defense lawyer who can advocate on your behalf and fight for the best possible outcome. 

At Frank Walker Law, we understand the complexities of burglary cases, from first-degree burglary to third-degree burglary, and we will use all available legal resources to defend you. Whether we seek to have the charges reduced, negotiate a plea deal, or fight for a full acquittal, we will be by your side every step of the way.

Why Choose Frank Walker Law for Your Burglary Defense?

  • Extensive Experience: With years of experience handling burglary cases in Monongalia County, we have the legal knowledge to handle even the most complex criminal charges. 

  • Proven Track Record: We have successfully defended clients in a wide range of burglary cases, from first-degree to third-degree burglary, achieving favorable results for many clients. 

  • Personalized Attention: Every case is unique, and we take a personalized approach to craft a defense strategy that works for you. 

  • Aggressive Defense: Our team is committed to fighting for your rights and ensuring that you receive a fair trial. We’ll fight hard to reduce or dismiss charges wherever possible.

Contact Frank Walker Law Today

If you are facing burglary charges in Monongalia County, don't wait—contact Frank Walker Law for a free consultation today. We will review the details of your case, explain your legal options, and work to develop the best defense strategy for your situation. 

Call or fill out our online contact form to schedule your consultation. Let us help you protect your future and defend your rights.

Frank Walker Law – Protecting Your Rights, Defending Your Freedom.