Rhode Island Burglary Lawyer

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Burglary Attorney in Rhode Island

In Rhode Island, burglary is when you break and enter the dwelling-house of another in the nighttime with the intent to commit a felony therein, whether the felony was actually committed or not. This intent isn’t limited to stealing, it could be to commit any crime that is a felony. Unlike breaking and entering, trespassing, or larceny, burglary is different because it’s a combination of an unauthorized entry into a dwelling-house and your intent is to commit a felony once you’re inside the structure.

If you are charged with burglary, it is considered a very serious felony and is punishable by up to life in prison.

best rhode island burglary lawyer

What Are The Elements of Burglary in Rhode Island?

In order to prove the crime of burglary in Rhode Island, the prosecution has to prove all of the elements beyond a reasonable doubt. The elements of burglary are as follows:

  1. You break and enter into the dwelling-house of another
  2. It was in the nighttime
  3. You had the intent to commit a felony inside, whether the felony be actually committed or not.

The State must prove all of these elements for you to be convicted of burglary.

In Rhode Island, the key factor of a burglary charge is intent. Prosecutors must prove that your purpose for entering the building is to commit a felony. If you are convicted of a burglary charge, your conviction may carry long term consequences such as severe jail time with minimum time and having a felony conviction on your criminal record.

If you are charged with burglary in Rhode Island you should consider hiring a Rhode Island criminal defense attorney, like the attorneys at Ellison Law LLC. Our criminal defense attorneys will be able to guide you through your case while they start to build a strong defense to protect your rights. Contact us today, you are not alone facing this felony charge.

What Are The Penalties for Burglary in Rhode Island?

In Rhode Island, prosecutors take this type of charge very seriously since it is considered a capital offense. Your potential sentence varies significantly depending on factors like your criminal history, if there were weapons used, what type of weapons, if there were injuries, what was the crime you intended to commit, what type of building you are accused of entering and if the building was occupied.

With a burglary charge, the penalties are found in Rhode Island General Laws § 11-8-1, they are the following: 

  • Up to life in prison, with a minimum time of 5 years;
  • Having a felony conviction on your criminal record;
  • Potential probation

What is The Difference Between Burglary & Breaking and Entering in Rhode Island?

In Rhode Island, burglary and breaking and entering are similar charges but, ultimately, they’re treated as different offenses. With a breaking and entering charge, the focus is on the act of unlawfully entering a building. This could be a home, a private business or even it could be as simple as a garage, the main component is that you committed a breaking and entering without permission.

In contrast, although a burglary charge is also entering without permission to a building or dwelling, the important component is your intent to commit a felony once you’re inside and that you did so at night. So, while a breaking and entering charge punishes you for unauthorized access, a burglary charge is trying to hold you accountable for intending to commit a crime after you unlawfully entered a place.

What Should I Do if I Get Charged with Burglary in Rhode Island?

If you have been charged with burglary in Rhode Island, it’s important that you take this very seriously. Receiving a burglary charge may carry severe penalties that can last a lifetime. That’s why you should consider hiring a Rhode Island criminal defense lawyer like the attorneys at Ellison Law LLC. Don’t face your charges alone and contact us today to see how we can help you.

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