If you have been charged with burglary, theft, or robbery, then you need a criminal defense attorney to fight for your case. They can defend you in court to reduce or minimize your burglary charges.
The Law Office of Kevin L. Barnett has been serving criminal defense clients with top-notch representation for over 30 years. You can put your trust in our Charlotte criminal defense team to analyze your criminal defense case. We can gather all the appropriate evidence to fight on your behalf.
Knowing the Difference: Burglary, Robbery, and Theft
Burglary, robbery, and theft are all criminal offenses, but they involve different actions and have different legal definitions.
- Burglary: This is breaking and entering into a building with the intent to commit a crime. It is a type of property crime.
- Robbery: This is taking something from someone else by force or threat of force. It is a type of theft that involves the use of violence or the threat of violence.
- Theft: This is taking another person’s property without their permission or any intention of returning it. It is a broader term that can include many different types of criminal activity, such as pickpocketing, shoplifting, embezzlement, and fraud.
Often-Used Charlotte, North Carolina Defenses for Burglary, Robbery, or Theft Crimes
In North Carolina, defendants who are charged with burglary, robbery, or theft may be able to use certain common criminal defenses:
- Alibi: The defendant was not at the scene of the crime at the time it was committed.
- Lack of Intent: The defendant did not intend to commit the crime. For example, in a case of theft, the defendant may argue that they mistakenly believed that the property was theirs.
- Mistake of Fact: The defendant made an honest mistake about a fact that is an element of the crime. For example, in a case of burglary, the defendant may argue that they mistakenly believed they had permission to enter the building.
- Coercion or Duress: The defendant was forced to commit the crime by someone else.
- Entrapment: The defendant was induced or coaxed by law enforcement officers or their agents into committing a crime that they otherwise would not have committed.
- Illegal Search and Seizure: The prosecution’s evidence against the defendant was obtained through an illegal search and seizure in violation of the defendant’s constitutional rights.
- Insanity: The defendant was not capable of understanding the nature and consequences of their actions at the time the crime was committed.
It is important to note that the success of these defenses will depend on the specific facts and circumstances of the case. Anyone facing criminal charges should consult a North Carolina criminal defense attorney. They can provide guidance concerning the best defense strategy.
Simple Assault vs. Aggravated Assault
Simple assault and aggravated assault are both criminal offenses that involve the use of force or the threat of force against another person. However, they are different in terms of the severity of the actions and the potential penalties.
Simple assault is generally considered a less serious form of assault than aggravated assault. Simple assault typically involves physical contact or the threat of physical contact that causes fear of harm. It may be considered a misdemeanor.
Aggravated assault, on the other hand, is considered a more serious crime. It typically involves the use of a weapon or the intent to cause serious bodily harm. It is often considered a felony and punished more severely than simple assault.
In some jurisdictions, the use of a deadly weapon during an assault can elevate a simple assault charge to an aggravated assault charge. Also, the degree of injury and the relationship between the attacker and the victim can also help determine the severity of the charges, whether it is a simple or aggravated assault.
Misdemeanors in Charlotte, North Carolina
A misdemeanor is a criminal offense that is considered less serious than a felony. Misdemeanors typically carry less severe penalties than felonies, such as fines and jail time of less than one year. In North Carolina, misdemeanors are divided into four categories:
- Class A1 Misdemeanors: These are the most serious misdemeanors and carry the highest penalties. They can include crimes such as assault with a deadly weapon, certain drug offenses, and certain forms of fraud. Penalties can include fines and jail time up to 150 days.
- Class 1 Misdemeanors: These are less serious than Class A1 misdemeanors but still carry significant penalties. They can include crimes such as simple assault, certain traffic offenses, and certain forms of theft. Penalties can include fines and jail time up to 120 days.
- Class 2 Misdemeanors: These are less serious than Class 1 misdemeanors and typically carry lower penalties. They can include crimes such as disorderly conduct, certain traffic offenses, and certain forms of trespassing. Penalties can include fines and jail time up to 60 days.
- Class 3 Misdemeanors: These are the least serious misdemeanors and typically carry the lowest penalties. They can include crimes such as minor traffic offenses, certain forms of disorderly conduct, and certain forms of trespassing. Penalties can include fines and jail time up to 20 days.
Felonies in North Carolina
In Charlotte, North Carolina, a felony is a criminal offense that is considered more serious than a misdemeanor and carries more severe penalties. North Carolina classifies felonies into several classes, each with different penalties. The classes of felonies in North Carolina are:
- Class A Felonies: These are the most serious felonies and carry the highest penalties. They include crimes such as first-degree murder, treason, and certain forms of drug trafficking. Penalties can include life imprisonment or even the death penalty.
- Class B Felonies: These are less serious than Class A felonies but still carry significant penalties. They include crimes such as second-degree murder, certain drug offenses, and certain forms of robbery. Penalties can include prison time ranging from 25 years to life.
- Class C Felonies: These are less serious than Class B felonies and typically carry lower penalties. They include crimes such as certain drug offenses, certain forms of larceny, and certain forms of assault with a deadly weapon. Penalties can include prison time ranging from 44 months to life.
- Class D Felonies: These are the least serious felonies and typically carry the lowest penalties. They include crimes such as certain drug offenses and certain forms of larceny. Penalties can include prison time ranging from 31 months to life.
It is important to note that these classes and penalties are a general guide and subject to change depending on the jurisdiction and the specific facts of the case. It is recommended that you consult with a burglary lawyer or criminal defense attorney to understand the specific laws and penalties in your area.
What Are the Ways That Criminal Defense Lawyers Can Help My Case?
A criminal defense attorney can help your case in a number of ways, including:
- Conducting an investigation: An attorney can investigate the facts of your case and gather evidence that may help to exonerate you or reduce your charges. This may include interviewing witnesses, reviewing police reports, and consulting with experts.
- Advising you on your rights: An attorney can advise you on your constitutional rights. They can also explain the charges against you and the potential penalties.
- Building a defense strategy: Based on the facts of your case and the evidence available, an attorney can help you develop a defense strategy that is tailored to your specific situation.
- Negotiating a plea deal: If the evidence against you is strong, an attorney can negotiate a plea deal with the prosecution. The prosecutor may have you plead guilty to a lesser charge in exchange for a more lenient sentence.
- Representing you at trial: If your case goes to trial, an attorney can represent you in court and make arguments on your behalf. This may include cross-examining witnesses, presenting evidence, and making closing arguments.
- Filing motions: An attorney may file motions to suppress evidence that was obtained illegally or dismiss the charges against you.
- Identifying and challenging legal errors: An attorney can identify and challenge any legal errors made by the prosecution or the court. This can help reduce or dismiss your charges.
- Helping with the consequences of the conviction: An attorney may help you navigate the consequences of a conviction, such as fines, probation, or prison. They may also help you with employment, housing, and other issues by helping you seal or expunge your record.
- Helping with the sealing or expungement of your record: An attorney may assist you in the process of sealing or expunging your record. This can help you move on from your conviction and improve your chances of finding employment and housing.
A dedicated and loyal theft attorney can provide you with guidance based on the unique details of your situation.
Contact Our Top Charlotte Criminal Charges Defense Attorneys Today
If you are facing criminal charges, do not wait until it is too late to reach out to our experienced, knowledgeable, and devoted attorneys at The Law Office of Kevin L. Barnett. Reach out to our office today to schedule a consultation, learn what your options are, and work out a plan to protect your future.