Home burglary is one of the most serious criminal offenses, and you can expect big trouble even with false allegations. While plenty of cases involve real crime, thousands of falsely accused end up in jail only because they cannot prove their innocence in court. While defense for home burglary cases is not easy, you can do it by exposing flaws in a prosecutor’s case. Likewise, you can establish your truth to come out clean.
Either way, you require a strategic approach to build your defense and prove your side of the story. The road may be long and daunting, but the effort is worthwhile, considering it can save your name and reputation. Fortunately, seasoned lawyers have viable tactics to get a clean chit for innocent clients. Let us share a few expert-backed defense tips to save yourself from false home burglary charges.
Leverage the truth
Leveraging the truth is the best plan if you want to clear your name in a false home burglary case. You simply need to prove factual innocence to prevent a conviction, but it is easier said than done. An expert attorney can do it for you by showing you did not commit the crime with valid arguments and robust evidence. Alternatively, they may opt for the tactic of casting doubt on the prosecutor’s case. Another strategy is to prove false accusations to tarnish your reputation. If you are factually innocent, just proving the truth is enough to come out clean.
Establish mistaken identity
With mistaken identity defense, the attorney proves that any number of people may fit the description of the alleged perpetrator. It creates doubt, and no legal system will punish a person without the assurance of the truth. But establishing identity issues is a tricky task, and you need an expert lawyer to handle the case in court. Moreover, the other side will probably try its best to frame you. However, you can go the extra mile by bringing a witness to provide an alibi. It proves that you were somewhere else when the alleged act occurred.
Show a lack of intent
A prosecutor must establish the intent to commit a theft when you enter a location. It is an essential element of a home burglary case. It is possible to prove just the opposite to defend yourself by showing a lack of intent to commit a crime while entering the premises. You can call a criminal defense attorney and ask them to work on this element to get the charges off. The court cannot convict you for being guilty of this offense if you manage to show a lack of intent. For example, your lawyer may prove that you were drugged before entering the house and decided to steal something under influence, instead of being in your senses.
Prove permission to remove the items
A burglary is not a burglary if you have permission to take the items from the owner. Your lawyer can use the fact to prove your innocence in court. They only have to convince the judge that the defendant truly believed they had the owner's permission to remove the items from their home. The defense tactic works when the defendant is the owner or co-owner of the house because they have their own permission to enter and take their belongings. Similarly, you may use it when the owner has willingly invited you to enter, even while understanding possible illegal intentions.
Validate improper questioning, search, and seizure
Another defense tactic that may get you a clean chit in a home burglary case is to prove that the police are on the wrong side. Your attorney may validate that the arresting officer did not read your Miranda rights while arresting you. With this step, your statement after arrest may become inadmissible in court. Even the evidence based on the answers to improper questions may be invalid. Likewise, illegal search and seizure is also a viable criminal defense for home burglary cases. A police officer cannot search you or your property without a warrant. Any evidence they gather through an illegal search is inadmissible.
While home burglary is a dire offense, false criminal charges may not be good enough to frame you. All you need to do is get a seasoned defense attorney on board so that they can use a viable strategy to establish your innocence. An experienced professional will have more than one tactic to strengthen your defense and get you out of a fix, no matter how smart the prosecutor is.
