Burglary & Larceny Defense

Burglary & Larceny Defense strategies begin by examining statutory definitions, intent requirements, and evidentiary thresholds that shape how property crime allegations are prosecuted.

Burglary is generally defined as unlawful entry into a structure with intent to commit a crime inside. The crime can be charged even when no theft occurs if prosecutors assert that intent existed at the moment of entry. Larceny, on the other hand, focuses on unlawful taking of property with the intent to deprive the owner permanently. Courts evaluate elements such as control, ownership, movement of property, and knowledge. Prosecutors often rely on circumstantial evidence, and misinterpretations can lead to inflated or incorrect charges. Defense must analyze statutory language, establish reasonable alternative explanations, and identify missing elements.

Burglary & Larceny Defense often turns on whether law enforcement followed proper procedures when gathering evidence, interviewing witnesses, or obtaining warrants.

Investigations may include surveillance review, neighborhood canvassing, store reports, alarm system data, digital transactions, or witness statements. Officers may collect fingerprints, shoe prints, or tool marks at entry points. Defense evaluates whether scene preservation was adequate, whether forensic tests were reliable, and whether investigators made assumptions based on limited or circumstantial evidence. Facial recognition, video interpretation, or third-party camera footage can be inaccurate or incomplete. Many cases involve misidentification, particularly when lighting or resolution is poor. Defense must examine whether police had proper justification for searches, detentions, or arrests.

Burglary & Larceny Defense frequently requires analysis of forensic evidence such as fingerprints, tool marks, DNA, or physical transfer traces that investigators claim link defendants to a scene.

Forensic evidence may appear compelling, yet it is often incomplete or subject to contamination. Investigators may rely on partial prints, improperly preserved samples, or superficial similarities between tools and marks. Property tracing may involve serial numbers, receipts, online listings, or pawn shop records. Defense must challenge chain-of-custody integrity, examine whether items were misattributed, and evaluate whether forensic methods were validated. Shared environments, high-traffic areas, or workplace exposure can explain DNA or fingerprints unrelated to criminal activity.

Burglary & Larceny Defense requires careful analysis of intent, because prosecutors often rely on circumstantial evidence to argue that a defendant acted with the purpose of stealing or committing a crime.

Intent may be inferred from possession of tools, presence near restricted areas, unexplained behavior, or digital communications. However, intent cannot be presumed without factual basis. Defense strategies include presenting alternative explanations for behavior, clarifying innocuous communication, or demonstrating lack of motive. In larceny cases, prosecutors may argue that possession of property implies intent to steal even when defendants were unaware of its origin or were temporarily holding the item for someone else. Defense reviews timelines, relationship context, and financial records to counter prosecutorial assumptions.

Burglary & Larceny Defense must account for sentencing differences based on property value, type of structure, presence of tools, degree of force, or involvement of accomplices.

Burglary often carries felony exposure, especially when residences or occupied buildings are involved. Larceny penalties escalate when property value crosses statutory thresholds. Enhancements may apply for prior convictions, nighttime entry, possession of burglary tools, or involvement of minors. Collateral consequences include employment barriers, housing issues, professional licensing problems, and immigration risks. Defense strategies include challenging valuation, disputing enhancements, presenting mitigation evidence, and negotiating alternative resolutions such as property return, civil agreements, or diversion programs.

Effective Burglary & Larceny Defense requires precise strategies involving motion practice, expert consultation, evidence analysis, and persuasive courtroom advocacy.

Pretrial motions may challenge probable cause, suppress unlawfully obtained evidence, or exclude unreliable forensic conclusions. Negotiations often involve reducing burglary to trespass or lowering larceny charges to reflect accurate property value. In trial, clarifying intent, presenting alternative explanations, and challenging identification are critical. Expert testimony may interpret forensic results, evaluate video footage, or analyze property valuation. A successful defense requires organized presentation of facts, clear narrative development, and strategic cross-examination of investigators and witnesses.

Delivering detailed, evidence-driven defense for burglary and larceny cases that require precise analysis of intent, entry, property valuation, and investigative conduct.

SJKP LLP represents clients in burglary and larceny matters involving residential entry, commercial theft, shoplifting, possession of stolen goods, and complex property crime investigations. Our attorneys challenge prosecutorial theories, scrutinize forensic procedures, negotiate strategic resolutions, and defend clients through each stage of litigation. We provide legal guidance grounded in accuracy, procedural fairness, and strong advocacy designed to protect long-term stability.