Burglary is defined as the unlawful entry into a building, with the crime in the structure. Some jurisdictions include other elements, such as breaking and entering at nighttime, or intending to commit a felony. Burglary is sometimes classified as a “crime against the habitation,” although the building does not usually need to be a home. Although the exact definition of burglary may be a little different from state to state, the crime typically involves a culprit: Burglary is distinguished from less serious crimes such as criminal trespass in that, with burglary, the prosecution has to prove that a defendant intended to commit a qualifying crime inside the building at the very moment of entry. Definition of Burglary in UtahThe crime of burglary does not actually require theft, as many people think. Burglary, robbery, and theft are often linked together as similar crimes. While theft involves stealing from another, and robbery involves stealing from another using force, burglary can include the crime of breaking into a building to steal. However, Utah’s definition of burglary is broader, and includes other actions as well. Burglary is almost always a felony. Most states divide the crime into degrees of severity, depending on certain factors. The danger of physical injury is greatest when a burglar enters an inhabited building so, in many states, this constitutes first degree burglary. Under some statutes, entry at night rather than in the daytime also constitutes a first degree burglary, regardless of whether the building is inhabited Penalty for burglary in UtahBurglary is a serious crime in Utah. Classified as a felony, burglary can be a crime against property or a crime against another person. This distinction helps decide the punishment you will receive. Burglary is often confused with robbery and other theft crimes, but does not need to include a theft. Burglary actually punishes entering a building, making it closer to a severe form of trespass. It can often involve theft, but because burglary can also be a crime against a person, its penalties are quite high in Utah. Degrees of Penalties for Burglary in UtahThe state of Utah defines the offense of burglary into two separate categories, depending on the location of the crimes committed. A defendant will be charged with third degree burglary if the offenses were committed in a commercial building. A burglary occurring in a home or residence is charged as a second-degree burglary. The seriousness of the offense will also be taken into consideration when charges are filed. Sentencing for a Burglary ConvictionWhen a defendant is convicted of burglary, the judge or jury then considers sentencing parameters for the individual crimes that were committed during the burglary. A number of things are taken into consideration, including: Defense of Burglary ChargesIf you or someone you know has been arrested and charged with burglary, our experienced criminal defense lawyers can help. When providing a defense in serious cases like burglary charges, it is best if a lawyer can get involved in the case as early as possible. Like many criminal cases, burglary is a very fact-specific crime. This means that the specific type of crime charged — and the potential consequences — will depend on the specific facts that the prosecuting attorney believes can be proven. The earlier a defense lawyer gets involved in your case, to review the evidence against you and conduct an independent investigation, the better the chances of building a strong defense on your behalf. Related Offenses: Aggravated Burglary, Robbery, Theft, and TrespassingSeveral crimes are closely related to burglary. These offenses include: Our Utah criminal defense law firm defends adults and juveniles charged with burglary and related offenses, including aggravated burglary, theft, robbery, and criminal trespass. While burglary is always charged as a felony, some burglary offenses are more serious than others, and therefore, carry greater penalties if the defendant is convicted. That is because there are different levels of felony charges. The details of the alleged burglary will determine how the offense is classified – and in turn, the penalties that may result from a conviction. Generally speaking, burglary is prosecuted as a third-degree felony, which is one level above a misdemeanor in Utah. However, it can be prosecuted as a second-degree felony, which is more serious, in cases where the defendant allegedly burgled a “dwelling,” meaning somebody’s home, condo, or apartment. Aggravated burglary is always a first-degree felony, which is the most serious type of crime under Utah’s penal code. For example, murder and rape are first degree felonies. Judges have some discretion over how to sentence a convicted defendant but must abide by the maximum limits set by state law. The maximum penalties for burglary felonies in Utah include the following fines and prison sentences: Property CrimesWhen charged with a property crime, you need an attorney who understands the legal issues and can raise valid defenses. Different Types of Property Crimes in UtahUtah law provides for many different types of property crimes including: Utah Military LawyerYou have worked hard for your military career. If you are being threatened with a rank reduction, discharge or a Court-Martial you should hire private defense counsel to fight for your rights. Call Ascent Law for a free office consultation regarding your legal issues. things to know about Utah’s self-defense lawsPolice say a fatal incident Sunday, Feb. 7, in Riverdale ended with a man calling 911 to say he’d shot his girlfriend, who he said was armed with a knife. And though few details have been released about the ongoing investigation, it’s raised questions in the Standard-Examiner’s comment sections about Utah’s self-defense laws. Utah’s code 76-2-402 addresses “force in defense of person.” The code details when the threat or use of force against another can and cannot be interpreted as self-defense. Utah code says using force is justified when a person reasonably believes it’s necessary to defend him, herself or others against the imminent use of unlawful force. However, the law says people can only use deadly force if they reasonably believe it’s necessary to prevent death or serious bodily injury to themselves or others. The decision to use deadly force in these cases must be made as a result of the attacker’s imminent use of unlawful force or to prevent the offender from committing a forcible felony. Not sure what a forcible felony is? Check out the section below labeled, “What is a forcible felony?” Utah law says self-defense isn’t justified if — in an attempt to inflict harm on someone — a person provokes another person they’d like to harm into using force. A person who is attempting to commit, committing or fleeing after committing a felony can’t claim self-defense either. Finally, self-defense isn’t justified when a person was the aggressor or was engaged in “combat by agreement,” which means agreeing to fight with someone. According to the law, a person does not have a duty to retreat from force or threatened force in a place they’ve lawfully entered or remained — except to indicate intent to withdraw from “combat by agreement.” As was mentioned earlier, Utah’s can use deadly force to prevent a forcible felony if there’s danger of death or serious injury to themselves or others. Utah law says forcible felonies include aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, arson, robbery and burglary. However, burglary of a vehicle is not a forcible felony unless the vehicle is occupied. Burglary Lawyer Free ConsultationWhen you need to defend against a crime in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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How Does Adverse Possession Work in Utah? via Michael Anderson https://www.ascentlawfirm.com/burglary-legal-defense-in-utah/
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