Burglary Charges in Farmington and Davis County
A conviction for aggravated burglary in Utah can result in a sentence of life in prison. Having an experienced criminal defense attorney is critical to ensuring that your rights are protected.
Contact us today to see what our criminal defense team can do for you.
The best defense attorneys ask questions that prosecutors and police don’t.
Elements of an Ordinary Burglary Charge
Under Utah law, aggravated burglary includes all of the elements of an ordinary burglary charge, plus at least one aggravating factor.
Standard burglary generally consists of entering or remaining unlawfully in a building or dwelling, with the intent to commit a theft, assault, or other felony. The “entering” element is somewhat self-explanatory. The “remaining” element deserves some explanation.
The best attorneys understand that the effects of a criminal charge extend beyond just the courtroom and case.
Remaining in a building or dwelling without consent of the owner or other person with legal control of the structure typically involves a situation where the person was originally given permission (express or implied) to enter the building, but then stayed in the building after permission has been revoked (expressly or implicitly).
This can occur when a person hides somewhere in a commercial or public building after a set closing time. In residential burglary, the person may have been initially invited into the residence but was later instructed to leave because of some argument or dispute.
Extra Elements of Aggravated Burglary
Aggravated burglary requires proof of all of the elements of a standard burglary, and also evidence of at least one aggravating factor.
A successful defense strategy starts with an understanding of your goals and needs.
Aggravating factors include (but are not limited to) causing “bodily injury” to another person, using or threatening the immediate use of a dangerous weapon, or simply possessing or attempting to use a dangerous weapon (or an explosive) while committing the burglary.
Finding the Right Attorney
A good defense attorney is critical to ensuring that your rights are protected and achieving the best outcome for your case. Contact us today to see how our criminal defense team can help.