Burglary
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:
Burglary – Everything You Need to Know
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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:
Burglary in the Second Degree
A person commits the crime of burglary in the second- degree when:
Possession of Burglary Tool or Theft Device
A person commits the crime of possession of a burglary tool or theft device if they:
Unlawful Entry into a Motor Vehicle
Unlawful entry into a motor vehicle occurs when:
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.
