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Burglary Defense Lawyer

The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:

Clackamas County Multnomah County Washington County
Boring Gresham Banks
Canby Maywood Park Beaverton
Clackamas Portland Bull Mountain
Damascus Troutdale Cornelius
Estacada Wood Village Durham
Gladstone   Forest Grove
Happy Valley   Gaston
Lake Oswego   Hillsboro
Milwaukie   King City
Molalla   Laurelwood
Oregon City   North Plains
Sandy   Sherwood
Tualatin   Tigard
West Linn   Tualatin
    Wilsonville

Burglary - Everything You Need to Know

Burglary is illegally entering or staying in a building or structure with the intent to commit a crime within the building or structure. Home Invasion is the armed burglary, also a robbery, of someone’s house, apartment, RV, etc.

Did You Know?

Proof of entry and intent to commit a crime inside a building or structure are the only requirements needed for a conviction.

Classification of Burglary

In order to be convicted of Burglary, both Unlawful Entry and Criminal Intent must be proven beyond a reasonable doubt by the prosecutor. Without proof of both Unlawful Entry and Criminal Intent, the prosecutor can still seek a conviction for Trespass or Attempted Burglary.

Unlawful Entry

Unlawful Entry is committed when a person breaks into or enters private property without permission, or stays on private property without permission. An example would be remaining in a store after it has closed in order to steal.

Criminal Intent

Criminal Intent occurs when a person has made the conscious choice to enter a building or structure in order to commit the crime of Burglary.

Penalties

Charge Classification Penalty
ORS 164.215 - Burglary II Class C Felony $125,000 and up to 5 years in prison
ORS 164.225 - Burglary I Class A Felony $375,000 in fines and up to 20 years in prison
ORS 164.235 - Possession of Burglary Tool or Theft Device Class A Misdemeanor $125,000 and up to 5 years in prison
ORS 164.272 - Unlawful Entry into a Motor Vehicle Class A Misdemeanor $125,000 and up to 5 years in prison
Burglary in the First Degree

Burglary in the first-degree is committed when a person commits second-degree burglary and:

  • The building is a house, apartment, or other place of residence
  • Is armed with a burglary tool or theft device or a deadly weapon
  • Causes or attempts to cause physical injury to any person
  • Uses or threatens to use a dangerous weapon
Burglary in the Second Degree

A person commits the crime of burglary in the second- degree when:

  • They enters or stay unlawfully in a building with the intent to commit a crime.
Possession of Burglary Tool or Theft Device

A person commits the crime of possession of a burglary tool or theft device if they:

  • Intend to use the tool or device to commit or facilitate a forcible entry or theft
  • Know another person intends to use the tool or device to commit or facilitate a forcible entry or a theft
Unlawful Entry into a Motor Vehicle

Unlawful entry into a motor vehicle occurs when:

  • A person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime

Classification of Home Invasion and Criminal Trespass

Home Invasion is a Burglary which occurs in a dwelling. Like all Burglary crimes, a charge of Home Invasion must prove Criminal Intent beyond a reasonable doubt.

Penalties

Charge Classification Penalty
ORS 164.243 - Criminal Trespass II Class C Misdemeanor $1,250 fine and/or 30 days in jail
ORS 164.255 - Criminal Trespass I Class A Misdemeanor $125,000 and up to 5 years in prison
ORS 164.265 - Criminal Trespass while in Possession of a Firearm Class A Misdemeanor $125,000 and up to 5 years in prison

Burglary Defense Attorney Serving the Portland Metro Area

A conviction for any crime, even a Misdemeanor, can result in serious consequences, including time in prison or jail, a fine, and a criminal record. If you are accused of or charged with a crime, contact criminal defense attorney Rhett Bernstein immediately. Only an experienced lawyer who understands law and has handled cases before local judges can give you the advice you need to protect your rights and successfully navigate the criminal justice system.


Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.

Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.