Philadelphia Burglary Lawyer
While there are far worse crimes than burglary, the fallout of a burglary conviction can be just as devastating. Depending on the circumstances of your case, you could be looking at decades in prison and being recognized as a convicted felon. If this is not what you envisioned for your future, you are going to need a reputable Philadelphia burglary lawyer on your side who can help you avoid the trauma of a guilty verdict.
Our Philadelphia criminal defense lawyers at Ciccarelli Law Offices has 100+ years of combined trial experience. We have a powerful track record of acquittals and dismissals, so you can feel confident going into your defense. This may be one of your only opportunities to dodge a conviction. Contact us to request a free consultation and learn more about the extent of the burglary charges against you and what the future might bring.
The Difference Between Robbery and Burglary in Philadelphia
Although many people use the terms robbery and burglary interchangeably, they are two very different crimes under Pennsylvania law. Per 18 PA C.S. § 3502, burglary charges apply when someone enters a home or building for the purpose of committing a crime. It is generally tried as a first or second-degree felony. If convicted of second-degree felony burglary, you could spend up to 10 years in prison and pay fines of up to $25,000. However, if you are convicted of a first-degree felony burglary offense, not only could you pay $25,000 in fines, but you might spend as much as 20 years in prison.
Robbery is a little different. If you are accused of robbery under 18 PA C.S. 3701, you are accused of taking property from someone else with the threat or use of force. In this way, burglary is considered a property crime, whereas robbery is considered a crime against a person. However, robbery is also considered a first-degree felony, which means you may find yourself facing similar penalties whether you are charged with robbery or burglary.
Philadelphia Burglary FAQ
Is there a time limit on burglary charges?
Yes, there is a limited amount of time in which the district attorney can pursue criminal charges against you for burglary. Generally, the statute of limitations for criminal charges in PA is two years from the date of the alleged offense. However, if you are accused of committing burglary, the state may have as much as five years to file charges against you as described under 42 PA C.S. 55.
If the prosecutor does not file charges before the statute of limitations expires, they should not be able to move forward with the burglary charges against you. These deadlines are designed to protect you. The statute of limitations can help ensure evidence is preserved and that you have the right to a fair trial.
Is burglary a felony?
Yes, burglary is never considered a misdemeanor under Pennsylvania law. Instead, it is classified as either a first or second-degree felony charge. When aggravating factors are present, such as the use or threat of force or the use of a deadly weapon, you could expect the charges to be elevated to the first-degree level.
With the right Philadelphia theft crimes lawyer on your side, you may be able to convince the prosecutor to allow you to plead to a less serious offense which could mean you avoid some of the harsher criminal penalties associated with a conviction.
What are collateral consequences?
Collateral consequences describe the ways your future will likely be affected by a burglary conviction. You might have hoped to put your experience behind you once you completed the terms of your sentence, but this may not be possible if collateral consequences continue to haunt you. For instance, if you are not a US citizen, you may be at risk for deportation. A burglary conviction could also result in the loss of your child’s custody or visitation rights.
You also may no longer qualify for federal student aid. You will likely be passed over for job opportunities after potential employers run a background check. The best way to protect your future self is to build and present the strongest defense strategy possible based on the circumstances of your case. After reviewing the evidence, we will have better insight into whether going to trial, enrolling in pretrial diversion, or negotiating a plea agreement is in your best interest.
Will I qualify for pretrial diversion?
You may not qualify for pretrial diversion if you are accused of burglary. Pennsylvania considers burglary a violent crime. To qualify for Accelerated Rehabilitative Disposition (ARD), you generally must be a first-time offender of a nonviolent crime. However, if we can prove mitigating factors were present at the time of the alleged offense, the state may be willing to work with you.
If you are enrolled in ARD, there are specific requirements you should be prepared to meet. For instance, you may need to check in with a probation officer regularly, abide by a curfew, secure gainful employment, and pass random drug or alcohol screenings. If you do not complete the terms of your pretrial diversion program, the state has the authority to revoke your status and proceed with the burglary charges against you.
Connect With a Strategically Aggressive Burglary Attorney in Philadelphia for Help Today
When you are being investigated or have been charged with burglary, acting quickly to get a reputable criminal defense lawyer on your side should be a top priority. We can help you avoid self-incrimination and the devastating penalties that follow a conviction. With a premier Philadelphia burglary attorney from Ciccarelli Law Offices working for you, you will have access to the resources and legal support you need to obtain a favorable outcome in your case.
Your entire life should not be ruined by this devastating experience. You have an opportunity to present a compelling defense strategy or work out a plea agreement with the prosecutor if you hope to get back to your family sooner. Do not squander this chance to take back control of your future. Schedule a 100% free and confidential consultation with our legal team as soon as today when you submit our secured contact form or call our office to get started.