What is the Burden of Proof in a Burglary Case?

Proving That You Are Guilty

In Maryland, prosecutors have the burden of proof in criminal cases. They must prove certain elements of a crime and if they fail to do so well, the case could end with a dismissal or a reduced charge. In burglary cases, three elements must be proven by prosecutors and an experienced defense attorney will work to dismantle the prosecution’s argument on each of these elements. Here’s what you need to know.

Unlawful Entry

First, prosecutors must prove that your entry into the structure in question was unlawful or unauthorized. If you can prove that you had permission to enter the structure, or reasonably assumed that you did, you may be able to have the charges against you reduced or dismissed.

Into a Vehicle, Home, or Commercial Building

The prosecution must also prove that the structure in question was a commercial building, a home, or a vehicle. For example, if the structure was an abandoned shed on non-residential property, this may not qualify as the type of structure a burglary can be committed inside. In cases where the structure was not a vehicle, home, or commercial building, it may be possible to have the charges reduced to simple theft.

With Intent

It must be proven that you knew what you were doing and had the intent to commit a crime after unlawfully entering one of the above structures. If you did not know that your entry was unauthorized or that the structure was a vehicle, home, or commercial building, the prosecution may have a difficult time proving this element.

You do not need to have actually stolen anything or committed any crime while inside the building. If the prosecution can prove that you had the intent to do so, you can still be charged and convicted of burglary in Maryland.

Contact Britt Criminal Defense Today

If you’ve been charged with burglary, it’s critical that you work with an experienced Maryland criminal defense lawyer to protect your rights. Your attorney will identify the holes in prosecution’s case against you and bring evidence in your favor to light. Evidence in a burglary case is often open to interpretation, so it’s critical that you have a criminal defense lawyer advocating for you.

Contact Britt Criminal Defense today to learn more about how to fight serious burglary charges or to schedule a consultation to discuss your case in more detail. Call now at (443) 614-6881.

How Can You Defend Against Identity Theft Charges?

Identity theft is a serious crime that could put your future, relationships, and career in jeopardy if you’re convicted. If you were charged with identity theft in Maryland, it’s crucial that you understand what constitutes identity theft, how it’s penalized, and how you can defend against it.

What Is Identity Theft?

Identity theft is defined broadly as the willful use of identifying information with the intent of engaging in fraudulent activity. To be charged with and convicted of identity theft, you do not have to come across the identifying information through illegal means, nor must you actually engage in fraud. If, for example, you see someone’s identifying information on a paper lying on a desk while visiting their home and you then use it to apply for a credit card, you can be charged with identity theft even if you never put any charges on the card.

Penalties for Identity Theft in Maryland

In Maryland, identity theft can be either a misdemeanor or a felony. In cases where financial damage is less than $500, defendants can face up to 18 months in prison and up to a $5,000 fine. If the financial damage is over $500, identity theft is punishable by up to a $25,000 fine and up to five years in a state prison. Often, restitution is also required to restore the identity theft victim to their former financial status.

Potential Defenses Against Identity Theft

There are several potential defenses to accusations of identity theft, including but not limited to:

A case of mistaken identity. The police have arrested the wrong person and you were not the person who committed identity theft against the victim in question.
Lack of evidence. There’s not enough physical evidence to prove that either the crime was committed or that you were the one who committed the crime.
Lack of intent. You did not intend to use the information to engage in illegal activity. For example, if the victim gave you permission to use their information.
The information taken wasn’t identifying. The personal information in question was not of an identifying nature, e.g. a full name, social security number, or birthday.

When Should You Call An Attorney?

Many people who are arrested for identity theft know ahead of time that they are under investigation. While the police are conducting their investigation, it’s crucial to ensure that your rights are protected. Don’t wait until you’re arrested to contact a Maryland criminal defense lawyer if at all possible. Call Britt Criminal Defense today for a consultation at (443) 614-6881.