Burglary Defense

Sussex County Delaware Burglary Lawyer

Burglary is a very serious crime in Delaware. A conviction in Delaware will change the course of your life forever as it is a felony. Even for a first offense, charges carry severe penalties including fines, fees and jail time in Delaware. There are three levels of charges you may face. The type you are charged with has to do with factors such as the type of building (residential or commercial) and even the time of day the crime was committed. 

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If you have been arrested in Delaware, call 302-697-2499 in Kent and New Castle County or call 302-855-9300 in Sussex County. Or, email a Delaware Defense Attorney

Burglary Laws In Delaware

burglary defense from Murray, Phillips, and Gay

In Delaware, there are 3 degrees of Burglary, all of which are charged with felonies. They are:

§ 824. Burglary in the third degree; class F felony.

A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

11 Del. C. 1953, § 824; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

§ 825. Burglary in the second degree; class D felony.

(a) A person is guilty of burglary in the second degree when the person knowingly enters or remains unlawfully:

(1) In a dwelling with intent to commit a crime therein; or

(2) In a building and when, in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime:

a. Is armed with explosives or a deadly weapon; or

b. Causes physical injury to any person who is not a participant in the crime.

Burglary in the second degree is class D felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class C felony.

(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the second degree shall receive a minimum sentence of:

(1) One year at Level V; or

(2) Three years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.

Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.

(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the second degree as well as burglary in the second degree.

11 Del. C. 1953, § 825; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 126, § 7; 74 Del. Laws, c. 106, § 4; 74 Del. Laws, c. 345, § 4.;

§ 826. Burglary in the first degree; class C felony.

(a) A person is guilty of burglary in the first degree when the person knowingly enters or remains unlawfully in a dwelling at night with intent to commit a crime therein, and when, in effecting entry or when in the dwelling or in immediate flight therefrom, the person or another participant in the crime:

(1) Is armed with explosives or a deadly weapon; or

(2) Causes physical injury to any person who is not a participant in the crime.

Burglary in the first degree is a class C felony, except where the person who suffers physical injury is a person 62 years of age or older in which case any violation of this section shall be a class B felony.

(b) Notwithstanding any provision of this section or Code to the contrary, any person convicted of burglary in the first degree shall receive a minimum sentence of:

(1) Two years at Level V; or

(2) Four years at Level V, if the conviction is for an offense that was committed within 5 years of the date of a previous conviction for burglary first or second degree or if the conviction is for an offense that was committed within 5 years of the date of termination of all periods of incarceration or confinement imposed pursuant to a previous conviction for burglary first or second degree conviction.

Any sentence imposed pursuant to this subsection shall not be subject to the provisions of § 4215 of this title.

(c) The sentencing provisions of subsection (b) of this section apply to attempted burglary in the first degree as well as burglary in the first degree.

Charges Associated With Burglary

When arrested for burglary in Delaware there are often secondary charges for which you can also be arrested.  Each is to be taken seriously as they can ultimately compound your sentencing if you are convicted. Secondary charges can be trespassing, criminal mischief, assault, being in possession of burglary tools, robbery or conspiracy.

Let A Delaware Attorney Help You

If you are arrested in Delaware, it is a wise move to work with a skilled Delaware Defense Lawyer. A skilled attorney can help prove your actual intent, which the prosecution will try to focus on. With the help of an experienced lawyer, you can also attempt to have the charges reduced or dismissed totally depending on the circumstances of your case.

Call A Sussex County Delaware Property Crime Attorney

Retaining a qualified lawyer is beneficial as they will plan a strategic and sound defense for you and they will make sure your rights are protected every step of the way. Call 302-855-9300 or 302-697-2499 to speak with the best Delaware Defense lawyers today. Email a Delaware Defense Lawyer today.

With many years serving those charged with property crimes in Delaware, their primary mission will be to fight for your rights while attempting to minimize the consequences of your charges. They are some of the best criminal attorneys Delaware has. In fact, they are criminal defense lawyers Dover is proud to have.

 
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