Law Office of
John E. Gutbezahl, LLC
5 Centerpointe Drive Suite 400
Lake Oswego, Oregon 97035
Burglary actually combines two crimes under one general heading. As distinguished from simple shoplifting or strong-armed robbery, burglary adds the element of unlawful entry to commit the crime. Burglary is a serious charge that is seriously punished in Oregon. There are two levels of burglary recognized by the Oregon statutes. Second degree burglary is a class C felony and is punishable up to five years in prison with a fine as high as $125,000. First degree burglary, which is enhanced if it is a dwelling, by the employment of specific burglary tools, being armed during the commission of the crime or causing physical threats and/or injury, elevates the liability to twenty years in prison with a maximum fine of $375,000. Any way you look at it, a burglary charge carries very serious penalties and requires a very aggressive defense in order to defeat it in court.
If you have been charged with burglary there is no reason to panic. There are some serious obstacles for a prosecutor to overcome in order to make a burglary charge stick. First off, the prosecutor must prove that that you unlawfully entered the premises with the explicit intent to illegally appropriate property. This is an essentially subjective test that can be challenged from any number of standpoints to defeat the “reasonable doubt” requirement. If the allegation cannot pass some objective standards for plausibility, the serious crime of burglary may well find itself reduced to simple theft of property, a much more favorable outcome for the accused. Our Oregon criminal defense attorney team at the law office of John E. Gutbezahl, LLC has the skill and knowledge required to make these fine legal distinctions in the statutes and to leverage them against the prosecution to insure the best possible outcome in your burglary case.
At the law offices of John E. Gutbezahl over the past 17 years we have represented scores of criminal cases at the trial level, many of them for first and second degree burglary. We are always one step ahead of the prosecution in every trial defense we undertake. We have won positive outcomes, including reduced sentences and many “not guilty” verdicts for scores of our clients. I work closely with all of my clients to keep them up to date on the progress of their case and keep them involved to the greatest extent possible. Contact me as soon as possible and meet with me to discuss the legal options for your defense after being arrested under a charge of burglary. Call us now at (503) 594 1919. As a token of our sincerity to serve you best, your initial conference will be free of charge.