Burglary (Residential & Commercial)

An accusation of burglary is an extremely serious offence that carries the threat of a substantial prison sentence. Whether the allegation relates to a residential home or a commercial property, a conviction can lead to a criminal record that profoundly affects your employment, ability to travel, and overall future. The law surrounding burglary is complex, and the evidence often hinges on forensic links or witness identification. Defending against such a charge requires a specialist legal team with the expertise to scrutinise the prosecution's case in detail.

At Central Chambers Law, our senior legal consultants are experts in defending against all forms of theft and property offences. We understand that an accusation of burglary can arise from a simple misunderstanding, a case of mistaken identity, or a situation where your presence at a location is misinterpreted. Our function is to provide a powerful, strategic defence that challenges every element of the evidence. We are not general criminal lawyers; we are specialists who deal with these specific cases daily, giving us an unmatched understanding of how to protect our clients.

Understanding the Offence: What is Burglary?

The offence of burglary is defined by Section 9 of the Theft Act 1968. A person is guilty of burglary if they enter a building (or part of a building) as a trespasser with the intent to commit one of the following offences:

• Stealing anything in the building.
• Inflicting grievous bodily harm (GBH) on any person therein.
• Doing unlawful damage to the building or anything therein.

Alternatively, a person is also guilty of burglary if, having already entered a building as a trespasser, they then steal (or attempt to steal) or inflict (or attempt to inflict) GBH.

The key elements are:

1. Entry: There must be proof of entry into the building.
2. As a Trespasser: You did not have permission to be there.
3. Intent: You either entered with intent to commit a further offence, or you formed that intent after entering.

Residential vs. Commercial Burglary

The law makes a critical distinction between burglaries of dwellings (residential properties) and those of other buildings (commercial properties).

• Residential Burglary (Burglary of a Dwelling): This involves entering a building where people live, such as a house, flat, or even a houseboat or caravan if it is someone's home. The courts treat this far more seriously due to the violation of a person's private sanctuary and the potential for confrontation.
• Commercial Burglary (Non-Dwelling Burglary): This involves entering buildings not used as homes, such as shops, offices, warehouses, or sheds. While still a serious offence, the sentencing guidelines are generally lower than for residential burglary.

How the Prosecution Builds Its Case

To secure a conviction, the police and Crown Prosecution Service (CPS) will focus on proving you were the person who entered the property as a trespasser. Their case is often built on one or more key pieces of evidence.

Common evidence in burglary cases includes:

• Forensic Evidence: This is often the cornerstone of the case. Your fingerprints, DNA, or footwear marks found at the scene will be used to place you there.
• Witness Identification: An eyewitness may claim to have seen you entering or leaving the property. This can include identification from CCTV footage.
• Possession of Stolen Goods: If you are found in possession of items stolen during the burglary, this will be used as powerful circumstantial evidence against you.
• Confession Evidence: Anything said during a police interview can be used. It is vital to have expert legal advice before speaking to the police.

Why Central Chambers Law Provides the Strongest Defence

When facing a charge as serious as burglary, the expertise of your solicitor is the most important factor in your defence. A general criminal lawyer may not have the specialist knowledge to challenge complex forensic evidence or unreliable witness identification.

Clients choose Central Chambers Law because we are masters of this legal field. Our reputation is built on our meticulous deconstruction of the prosecution's case. Our strategic approach involves:

• Challenging Forensic Links: We are experts at scrutinising forensic evidence. Was the DNA or fingerprint evidence contaminated? Is there an innocent reason for your forensic material to be at the scene? We instruct our own independent experts to challenge the prosecution's findings.
• Contesting Witness Identification: Eyewitness evidence is notoriously unreliable. We rigorously challenge identification procedures and expose inconsistencies in witness testimony to undermine its credibility.
• Questioning 'Trespass': Did you have a legitimate reason to be at the property? We work to demonstrate that you were not a trespasser, which is a complete defence to the charge.
• Disputing Intent: The prosecution must prove your state of mind. We build a case to challenge the assertion that you had the intention to steal or cause harm, which is essential to the offence.

Our focused expertise means we are equipped to build the most formidable defence possible, ensuring the full context of your situation is understood by the court.

Penalties and the Legal Process

The penalties for burglary are severe and reflect the distinction between residential and commercial properties.

• Residential Burglary: The maximum sentence is 14 years' imprisonment.
• Commercial Burglary: The maximum sentence is 10 years' imprisonment.

The case may be heard in either the Magistrates' Court or the Crown Court, depending on its seriousness. Factors like whether the property was occupied, the value of goods stolen, and any damage caused will all influence the sentence.

Protect Your Liberty with an Expert Defence

An allegation of burglary is a direct threat to your liberty. The evidence presented by the police can seem conclusive, but it can be challenged by a specialist legal team. A proactive, expert defence is essential to protect your future.

Do not face this challenge alone. Contact our expert criminal defence solicitors immediately for a confidential consultation and take the first critical step in building your defence.

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