Wisconsin Burglary Charge
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Burglary Defense Attorneys in Madison, WI
Burglary Charge in Wisconsin: Protect Your Rights with DK Anderson, S.C.
In Wisconsin, being charged with burglary places you in a challenging legal situation, given its classification as both a property and a violent crime. This dual classification underscores the seriousness with which the courts and prosecutors view burglary offenses, partly due to the potential trauma experienced by victims. The legal system’s rigorous stance on burglary reflects the significant impact these crimes can have on individuals and communities.
Recognizing the gravity of a burglary charge and its consequences, securing skilled legal representation is paramount. The defense attorneys at DK Anderson, S.C. have a depth of experience in handling burglary cases, equipped with the knowledge and strategies needed to navigate the complexities of Wisconsin’s legal system. Our commitment to rigorously defending our clients’ rights makes us a formidable ally in your burglary defense.
Understanding the Elements of a Burglary Charge in Wisconsin
For a conviction of burglary in Wisconsin, the prosecution must convincingly prove several key elements beyond a reasonable doubt:
- Intentional Entry: You deliberately entered a building or dwelling.
- Lack of Consent: Your entry into the building or dwelling was without the consent of the person possessing the property.
- Knowledge of Non-consent: You were aware that your entry was without consent.
- Intent to Steal: At the time of entry, you possessed the mental purpose to take and carry away property without the consent of the owner, fully aware that such action was unauthorized.
The “intent to steal” component is crucial, requiring proof that the intention to commit theft was established prior to entry. This intent must be formed at any moment before the act of entering, setting a high bar for prosecutorial evidence.
Given the complexities involved in proving these elements, and the serious consequences of a burglary conviction, securing knowledgeable legal representation is crucial. If you’re facing a burglary charge, consulting with a skilled criminal defense attorney can provide the strategic defense necessary to challenge the allegations and protect your rights. Reach out to experienced legal counsel today to begin building your defense.
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Serious Penalties for a Burglary Charge Conviction
If you have been charged under Wis. Stat. § 943.10 for burglary you face serious penalties. A burglary charge in Wisconsin carries a 12 1/2 year imprisonment as well as a fine of up to $25,000 or both. If the burglary was committed while armed, the penalty goes up to 15 years imprisonment and a fine of up to $50,000 or both.
Burglary is not just breaking into a house...
You can be charged with burglary for entering into any of the following below.
- Any building or dwelling; or
- An enclosed railroad car; or
- The enclosed portion of any ship or vessel; or
- A locked enclosed cargo portion of a truck or trailer; or
- Motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or
- A room within any of the above.
Possession of burglarious tools
Under Wisconsin Statute 943.12, possession of tools commonly used in burglaries is a felony. The statute reads as follows:
Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class I felony.
Circumstances that can result in higher penalties for a burglary charge
Generally a burglary charge is a Class F felony. However, under certain circumstances it will be a Class E felony. Circumstances that increase the penalties are listed below.
- The person is armed with a dangerous weapon or a device or container described under s. 941.26 (4) (a).
- The person is unarmed, but arms himself with a dangerous weapon or a device or container described under s. 941.26 (4) (a) while still in the burglarized enclosure.
- While the person is in the burglarized enclosure, he or she opens, or attempts to open, any depository by use of an explosive.
- While the person is in the burglarized enclosure, he or she commits a battery upon a person lawfully therein.
- The burglarized enclosure is a dwelling, boat, or motor home and another person is lawfully present in the dwelling, boat, or motor home at the time of the violation.
Madison, WI Burglary Attorneys
If you’re facing a burglary charge and need a criminal lawyer in Madison, WI, or the surrounding areas, DK Anderson, S.C. is here to offer the support and advocacy you require. Reach out to us for a complimentary consultation, and let’s discuss how we can help build a strong defense on your behalf.
Burglary Charges with Enhanced Penalties
Burglary While Armed
Burglary while armed is a class E felony in Wisconsin. That means that if you are convicted you face a term of imprisonment of not more than 15 years. If you are facing a burglary while armed charge it is very important to retain the services of a Wisconsin criminal defense attorney. An experienced aggressive attorney will likely be able to obtain better results.
What is considered Burglary While Armed?
Under Wisconsin Statute § 943.10(2) to be convicted of burglary while armed the state must prove all the elements of a burglary charge as well as an additional element of “while armed with a dangerous weapon”. “Armed” means that at the time of the entry, the weapon must have been either on the defendant’s person or within the defendant’s reach. Additionally, the defendant must have been aware of the weapon. The term weapon, or dangerous weapon means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon; or any other device or instrumentality which its intended purpose is likely to produce death or great bodily harm.
Does it make a difference if you arm yourself after entering a building?
No, it does not make a difference. The penalty for arming yourself with a dangerous weapon after entry and while in the building or dwelling is the same as if you were armed prior to entering. This is punishable by up to 15 years of imprisonment. All elements of burglary apply, and like burglary while armed, an addition element of arming oneself with a dangerous weapon while in the enclosure is required for a conviction.
Defending Against Burglary While Armed Charges in Wisconsin with DK Anderson, S.C
Facing charges for burglary, especially burglary while armed, places you in a position that requires the expertise of a seasoned Wisconsin criminal defense attorney. The implications of such charges are significantly severe, and the need for a skilled legal defense cannot be overstated. At DK Anderson, S.C., we specialize in offering aggressive, yet affordable, legal representation for individuals charged with burglary, burglary while armed, and possession of burglarious tools.
Our experience in litigating these types of charges equips us with the knowledge and strategies necessary to mount a robust defense on your behalf. Understanding the gravity of your situation, we are committed to fighting vigorously for your rights and working towards the best possible outcome in your case. If you find yourself facing such serious accusations, reach out to DK Anderson, S.C. as soon as possible to secure the dedicated and effective defense you need.
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