Burglary is a complex criminal offence and usually involves a person or persons entering a building illegally – trespassing – with the purpose of carrying out an illegal activity, such as removing property or possessions, causing damage, or even assaulting someone inside the building.
Burglary is also defined by other factors such as the type of property or structure entered, how it has been entered – and to what purpose.
Buildings, for example, are defined as permanent structures or those with a considerable lifespan – but “buildings” may also be inhabited structures. such as canal barges or caravans on fixed sites.
Burglary of a residence is also a separate offence from burglary of another type of structure.
Charges relating to burglary will also take into account legal definitions for trespassing and entering – trespassing might involve going into a public building, but later accessing a restricted or private area.
Entering may mean actually walking into a property and trespassing – although entering can also involve simply put a hand or arm or leg inside a property: for example, climbing in through a window so that part of the body is inside the property; or extending an arm across a shop counter to place a hand inside a till, or putting an arm through a window.
The prosecution must prove intent to commit burglary – ie steal or cause criminal damage.
Not everyone facing burglary charges is guilty, but because burglary can be such a complex charge, it is vital to take legal advice on burglary charges as soon as possible.
At the early stage of a police investigation it is easy to make errors and misjudgements, which might prejudice the outcome of a case if it goes to trial.
You are innocent proven guilty.
We will of course test all of the police evidence and advise you throughout so that you receive the best possible expert legal representation.