Utah Residential Burglary – Elements
The stereotypical burglary charge involves a person breaking into a home in order to commit a theft. But under Utah law, a charge of residential burglary can be involve not just theft, but also assaults or other felony charges.
Utah Code 76-6-202 establishes the elements of burglary under Utah law, and requires proof that a person entered or remained unlawfully in any building with the intent to commit a theft, assault on any person, any felony charge, or various misdemeanor sex offenses. Burglary of a “dwelling” is a second degree felony. Burglary of any other building is a third degree felony. (Certain enhancements can increase the offense level of either type of burglary charge.)
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
The question of whether the building involved qualifies as a “dwelling” is not always as straightforward as it might seem. For example, a garage that is attached to a house is considered to be a part of the “dwelling” whereas a detached garage is only considered to be a “building.” An unoccupied home is generally considered to be a “dwelling.” But a home under construction may not be considered to be either a “building” or a “dwelling,” depending on the state of the structure.
The concept of entering or remaining “unlawfully” can be surprisingly complicated. What about a situation where the person is initially invited in, but is then asked to leave? What about a person who is in their own home, but there is currently under a no contact or protective order that prohibits him/her from being in the home? The analysis of these situations can be very fact-specific.
If you are facing burglary charges in Utah, it is vital to have the advice of an experienced attorney. Contact us today for a confidential initial consultation.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Utah Burglary Enhancements
A charge of residential burglary in Utah begins as a second degree felony. But enhancements can increase the level of the offense Possible burglary enhancements for a Utah burglary charge include an “aggravated: burglary and what is sometimes referred to as a “gang” enhancement or “group criminal activity” enhancement. Either of these enhancements can increase the level of the offense to a first degree felony, punishable by up to life in prison.
An aggravated burglary is committed if, during the course of attempting, committing, or fleeing from a burglary, a person possesses, uses, or threatens the use of a dangerous weapon. Burglary can also be enhanced to an aggravated burglary charge if a person causes any bodily injury to any person who is not a participant in the crime.
A “gang” enhancement or “group criminal activity” enhancement can apply to any of the various charges specified under Utah Code 73-3-203.1, including burglary. This enhancement can apply if a person commits one of these crimes either “in concert with” two or more persons, or in connection with a “criminal street gang” (as defined under Utah Code 76-9-802).
A good defense strategy should be designed to help you achieve your goals.
Finding a Utah Criminal Lawyer in Utah
If you are facing criminal charges for residential burglary, you need an attorney on your side who has experience dealing with what can be complicated issues.
Contact us today to arrange for an initial consultation. See the difference the right attorney can make.
