Burglary, Robbery & Theft Defense

Entry into a building or occupied structure

Lack of permission to enter

Intent to commit a crime at the time of entry

Lack of Intent
The prosecution must prove intent to commit a crime at the time of entry. If intent cannot be established, burglary charges may fail.

Consent or Lawful Entry
If you had permission to be on the property—or reasonably believed you did—burglary may not apply.

Mistaken Identity
Eyewitness accounts, surveillance footage, and police reports are not always reliable. Challenging identification evidence can be critical.

Insufficient Evidence
The Commonwealth bears the burden of proof. Weak or circumstantial evidence can sometimes lead to dismissal or reduced charges.

First-degree felony burglary may apply if someone enters a place where people are present or likely to be present.

Second-degree felony burglary may apply if the structure is unoccupied.

Lesser felony charges may apply in limited situations, such as abandoned buildings.

A permanent felony record

There was an attempt or actual theft of someone else’s property.

During that theft, the defendant either:
• Inflicted serious bodily injury, or
• Threatened or put someone in fear of immediate serious bodily injury, or
• Committed or threatened to commit another felony, or
• Used any degree of force to remove property from a person, or
• Forced the surrender of money or property from a bank employee with intent to deprive the financial institution of that property.

Lack of Force or Threat
Prosecutors must prove force, threat, or intimidation beyond a reasonable doubt. If the alleged conduct doesn’t meet that legal threshold, the robbery charge may be challenged.

No Intent to Commit Theft
Robbery only applies when a theft is underway. If there’s insufficient evidence that a theft ever occurred or that the defendant intended to steal property, the charge may be vulnerable.

Mistaken Identity
Mistaken identity is common in crimes involving alleged victims—especially where eyewitness accounts are involved. Challenging identification can be a key strategy.

Illegal Search or Arrest
If evidence against you was gathered in violation of your rights, it may be excluded from trial, weakening the prosecution’s case.

Felony 1: Where serious injury occurs, threats of serious injury, or additional felony conduct; carries significant prison exposure.

Felony 2 and Felony 3: May apply where force was used but without escalation to serious injury. Even a Felony 3 robbery—while the “lowest” robbery category—is a felony that often carries up to 7 years in prison and significant fines.

The defendant took or exercised control over another person’s property,

The property belonged to someone else, and

The defendant did so intending to permanently deprive the owner of that property.

Lack of Intent
A fundamental component of theft is the intent to permanently deprive the owner of property. Absence of such intent—such as when an individual genuinely believed they had permission to use the item or intended to return it—may serve as a substantial legal defense.

Mistaken Identity
Police and witness reports are not always accurate. When identification is faulty or evidence is weak, a skilled defense can challenge the reliability of the prosecution’s case.

Insufficient Evidence
Prosecutors must prove each element of the crime beyond a reasonable doubt. If there is insufficient evidence that you unlawfully took the property or intended to keep it, your defense attorney can argue for dismissal.

Theft by Unlawful Taking or Disposition
This is the most common form of theft charge and applies when someone unlawfully takes or controls property with the intent to deprive the rightful owner of it.

Other related theft offenses may include:

Theft by Deception: obtaining property through lies or false representations.

Theft by Extortion: obtaining property by threatening harm.

Receiving Stolen Property: knowingly possessing property that was stolen by someone else.

Retail Theft: taking property from a store without paying for it.

Jail or prison time

Fines and court costs

Restitution to the victim

A permanent criminal record

Protect your constitutional rights

Review police reports and evidence

Evaluate whether charges are overstated

Identify weaknesses in the prosecution’s case

Challenge illegal searches or statements

Negotiate reduced charges

Prepare a strong trial strategy if necessary