Successful Burglary Appeals Require an Experienced Attorney

Successful Burglary Appeals Require an Experienced Attorney

If you have been wrongly convicted for burglary, you need the representation of a skilled and experienced criminal appeal lawyer such as Mr. David Lewarchik. He specializes in criminal law and can develop a strong and persuasive case for your burglary appeal in the Chicago, IL area. He will analyze every element of your case […]

David Lewarchik Mar 02, 2017

Scales of justiceIf you have been wrongly convicted for burglary, you need the representation of a skilled and experienced criminal appeal lawyer such as Mr. David Lewarchik. He specializes in criminal law and can develop a strong and persuasive case for your burglary appeal in the Chicago, IL area. He will analyze every element of your case to build the most convincing appeal possible. In the state of Illinois, a burglary conviction can result in up to 15 years in prison. To successfully appeal your conviction, you need a skilled attorney on your side.

What Classifies as Burglary?

The state of Illinois defines burglary as consciously entering a building, motor vehicle, aircraft, and the like, without consent and with the intent to commit a crime. Residential burglaries are often classified as Class 1 Felonies and may result in a prison sentence of up to 15 years.

Burden of Proof

It is the prosecutor’s burden to prove beyond a reasonable doubt that you are guilty of burglary. This means proving your unauthorized entry of a building or dwelling, as well as proving you intended to commit a crime once inside the building.

Common Defenses Against Burglary Charges

The most common defense in burglary cases is one of innocence. Other defenses may include affirming presence in the building or dwelling, but stating you had prior authorization from the owner. This defense is especially effective if the owner gave you authorization at one time and never explicitly revoked your access. Another common defense is to prove you had no intention of committing a crime. While proving lack of intent may not result in a drop of the charges entirely, it could result in a significant reduction of the charges against you.

Building a Convincing Appeal

To successfully appeal a burglary conviction, Mr. Lewarchik must analyze every aspect of your case. This includes looking at all the evidence against you, as well as evaluating your arrest, pre-trial hearings, the trial, and conduct of the prosecution. If needed, he may conduct his own investigation, gathering new evidence that may have been overlooked, and collecting additional eyewitness statements.

It is also crucial for him to evaluate the conduct of the arresting officer(s) and the prosecuting attorney. Any mishandling of evidence or misconduct by either party could lead to a successful appeal. He will also assess the competence of your prior legal counsel. An incompetent or inexperienced attorney may have overlooked critical elements to the case, or offered bad advice.

By closely analyzing each of these elements, Mr. Lewarchik can develop a strong and convincing appeal on your behalf. While it may not result in a complete discharge of your conviction, it could result in a reduced sentence. You are also likely to receive credit for time already served, which gets you back home to your family and back to work sooner, easing the financial burden you may have felt.

Book Your Case Evaluation

If you were convicted for a burglary you did not commit, contact our law firm today to schedule a case evaluation with Mr. Lewarchik.

Tagged In:
Burglary

Leave a Reply

Your email address will not be published. Required fields are marked *