The Omaha, NE burglary lawyers at Stockmann Law know that an arrest for burglary of any kind can be confusing and worrisome. Burglary is an extremely serious offense that can result in everything from steep fines and restitution to jail time. When someone is facing a burglary charge in Nebraska, it is important that they know all of the details of their case, including all of the specific charges and the penalties that you may face.
If you or someone you love has been charged with burglary in Omaha, NE or the surrounding areas, it is imperative that you start working with an experienced lawyer as soon as possible. They will help you to build a defense strategy to fight in court or negotiate to settle out of it. The aggressive burglary lawyers at Stockmann Law will diligently look at every piece of evidence and talk to you about what really happened that day. If you want to schedule a free consultation with our legal team, call us now. Remember, you are under no obligation to work with us after this free consultation if you don’t like our plans to defend you.
How Does NE Define Burglary?
Burglary is a crime when someone enters into a building without permission to commit a felony offense or steal something. This could be money, property, or even information. In order to get a conviction, the prosecution needs to prove that the crime was committed with intent (meaning you didn’t accidentally take something) and that you entered into the home or business with the intent to steal something.
Most often, burglary will involve a residential building, but a person can be charged with burglary in Nebraska for breaking into almost any type of building. Someone can be charged with attempted burglary if they don’t take anything but go in with the purpose to take something. Usually this means that they were caught while inside the building.
Of course, there are other charges that go along with burglary. Namely, someone charged with burglary may also face breaking and entering charges. In order to be charged with breaking and entering, you have to enter the building through force, such as breaking down a door or shattering a window.
Burglary In Nebraska: 28-507
The Nebraska legislature defines burglary in statute 28-507:
(1) A person commits burglary if such person willfully, maliciously, and forcibly breaks and enters any real estate or any improvements erected thereon with intent to commit any felony or with intent to steal property of any value.
(2) Burglary is a Class IIA felony.
According to precedent set in previous burglary cases in Nebraska, circumstantial evidence that you were going to steal something is sufficient to support a criminal conviction if such evidence exists and establishes the defendant's guilt beyond a reasonable doubt.
Burglary will often include a number of other charges as well. It is important to take each charge and look at it individually to build a strong defense. We take apart the case against you and then build a strong defense with the goal of getting your charges eliminated or lessened.
Burglary Penalties In NE
Often, the court system will treat those convicted of burglary in Nebraska with the highest possible penalties so that other people don’t make the same mistakes. The penalties from a burglary conviction in Nebraska can be quite steep, but they depend on the nature of the crime. There are some lesser charges that a person may face (such as trespassing), the charges quickly grow as soon as someone is charged with breaking and entering. If the burglary was successful, the penalties depend on the value of said items.
While every state is different, Nebraska treats burglary as a “Class III” felony. For this type of crime, someone can spend up to four years in prison and a fine of up to $25,000 if convicted. If the value of the burglary exceeds that amount, the fine may be higher or the defendant will be forced to pay restitution.
The judge will determine the penalties for your specific case based on the specific details, as well as your criminal record. It is best to work with an experienced burglary lawyer in Omaha, NE who understands how to present a case to the judges. To schedule a free, no-obligation consultation with Stockmann Law, give us a call today.
NE Burglary Attorney Defending Your Rights
A lot of the information gathered by the prosecution will be circumstantial and it can lead to some confusion about whether or not you are guilty “beyond a reasonable double.” That is what a lot of burglary lawyers will focus their efforts on, and it is a good tactic, but it shouldn’t be the only one. At Stockmann Law, our legal team is creative and can help to craft a defense that goes above and beyond.
We have over two decades of experience in Nebraska courts, fighting for the rights of our criminal defense clients. To benefit from this experience, you can call our offices to schedule a free consultation today.
How an Omaha Burglary Lawyer Helps You
If you are looking for an experienced Omaha burglary lawyer to represent you in court or try to negotiate a deal to avoid court, contact Daniel Stockmann and Stockmann Law. Our team provides high-quality representation to our clients who have been charged with burglary, robbery, theft, and more. This is an extremely serious charge, and you need to find strong, tough legal defense. It can be difficult for someone charged with burglary to represent themselves in court. You need the support to understand the full extent of your charges and the options that are available to you.
If you have been accused of burglary in Omaha, NE or any of the surrounding areas, contact Stockmann Law today. We will work with you to build a solid defense. The goal is always to avoid felony convictions and limit the severe penalties that you face. To do this, you need a good lawyer by your side. Schedule a free, private consultation with our legal time at your earliest convenience.