Have You Been Accused of Burglary?

Burglary is defined in Section 9 of the Theft Act 1968 as either: entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm, or criminal damage.

I have been accused of Burglary!

If you have been accused of Burglary, you must bear in mind that burglary is a serious criminal offense under UK law, and it’s crucial to seek legal representation if you’re facing such charges as soon as possible. At Levy & Co, we specialise with helping clients who are facing all manner of different charges. We can provide you with expert advice, assess the details of your situation, and guide you through the legal process. It’s important to act quickly and seek legal assistance as soon as possible to protect your rights and ensure the best possible outcome for your case.

About Burglary

Under UK law, burglary is defined as entering a building or part of a building as a trespasser with the intent to commit theft, grievous bodily harm, or unlawful damage to the building or anything in it. There are two main types of burglary:

  • Burglary with intent to commit theft: This occurs when someone enters a building or part of a building as a trespasser with the intent to steal something.

  • Aggravated burglary: This involves entering a building or part of a building as a trespasser with the intent to commit theft, grievous bodily harm, or unlawful damage, and at the time of entering, or while in the building or part of the building, having with them any firearm, imitation firearm, weapon of offence, or any explosive.

It’s important to note that burglary is a serious criminal offence in the UK and carries significant penalties upon conviction, including imprisonment. If you’re facing burglary charges or have questions about the law, it’s essential to seek legal advice from a qualified criminal defence lawyer who can provide you with personalised guidance and representation based on the specifics of your case.

 

Burglary Cases in the UK

To understand more about burglary, we should take time to look at some previous cases:

R v Brown [1985] Crim LR 212 – A witness heard glass breaking and saw the defendant halfway inside a shop window, appearing to search inside. Though his feet were unseen, the defendant was convicted of burglary. He appealed, arguing he hadn’t fully entered the building.

The Court of Appeal dismissed the appeal, stating that under the law, “entering” didn’t demand the whole body be inside. They clarified that even if partially inside, it constituted entry, as affirmed in R v Collins [1973].

R v Ryan [1996] Crim LR 320 An elderly homeowner found the defendant trapped halfway through a window. The defendant, convicted of burglary, appealed, claiming no entry since he couldn’t steal while stuck.

The appeal was dismissed. R v Brown (1985) had previously established entry even with only part of the body inside. The inability to steal due to being stuck was irrelevant.

R v Collins [1973] QB 100 The defendant climbed into a bedroom in which a woman had mistakenly misidentified him as her boyfriend, and proceeded to rape her. His burglary conviction was overturned because the jury hadn’t considered if he entered without permission. This was a difficult case because of the circumstances involved. If he had entered the room before being invited in, it would most definitely have been burglary.

R v Walkington (1979) 68 Cr App R 427 The defendant entered a store during opening hours, went to a till area, and tried to steal. He was rightly convicted, as that area was considered part of the building, off-limits to the public. This was because the till area was off limits because it was impliedly excluded from public access.

R v Laing [1995] Crim LR 395 The defendant was found in a closed department store’s stockroom. Although initially not trespassing, he was convicted. However, the appeal was allowed since there was no argument he entered the stock room which was off limits unlawfully.

AGGRAVATED BURGLARY

R v Stones [1989] 1 WLR 156 The defendant, caught burgling a house with a knife, claimed self-defence. He was convicted of aggravated burglary, as possessing a weapon during burglary was illegal.

R v Kelly [1993] Crim LR 763 The defendant, breaking into a house with a screwdriver, threatened the homeowner. He was convicted of aggravated burglary as he intended to use the screwdriver to harm the homeowner during the theft.

 

At Levy & Co, we specialize in criminal defence, with extensive experience in handling various criminal cases, including burglary. Our firm is dedicated to providing robust legal representation to individuals facing allegations of burglary or other criminal offences. With our expertise and commitment to defending our clients’ rights, we strive to achieve the best possible outcomes for each case we handle.

Burglary charges can carry severe consequences, including imprisonment and a lasting impact on one’s reputation and future opportunities. Therefore, it is essential to have skilled legal representation to navigate through the complexities of the legal system and mount a strong defence.

Our team at Levy & Co understands the gravity of burglary charges and is well-versed in the nuances of criminal law. We approach each case with diligence, attention to detail, and a comprehensive understanding of our clients’ unique circumstances. Whether you are facing allegations of residential burglary, commercial burglary, or aggravated burglary, we are here to provide you with the legal support and guidance you need.

From conducting thorough investigations to crafting strategic defence strategies and representing clients in court, we are committed to protecting our clients’ rights and advocating vigorously on their behalf. At Levy & Co, we prioritize client communication, ensuring that our clients are informed and empowered throughout the legal process.

If you or someone you know is facing burglary charges, don’t hesitate to contact Levy & Co for experienced and reliable legal representation. Our team is ready to provide you with the support and advocacy you deserve during this challenging time.”

If you’ve been accused of burglary in the UK, it’s important to take the following steps:

  • Seek Legal Advice: Contact a qualified criminal defence lawyer as soon as possible. A lawyer with experience in handling burglary cases will provide you with expert advice and guidance tailored to your specific situation.

  • Understand Your Rights: Educate yourself about your legal rights and obligations. Your lawyer can explain the charges against you, the potential consequences, and your options for defence.

  • Remain Silent: Exercise your right to remain silent. Refrain from discussing the details of the case with anyone other than your lawyer. Anything you say to the police or others could be used against you in court.

  • Cooperate with Your Lawyer: Work closely with your lawyer and provide them with all relevant information and documentation related to the case. Be honest and forthcoming, as this will help your lawyer build a strong defence on your behalf.

  • Gather Evidence: If possible, gather any evidence that supports your innocence or undermines the prosecution’s case. This could include alibis, witness statements, or evidence of mistaken identity.

  • Attend Court Proceedings: Attend all court hearings as required. Your lawyer will represent you in court and advocate on your behalf, but your presence may be necessary at certain stages of the legal process.

  • Follow Legal Advice: Follow your lawyer’s advice and instructions throughout the legal proceedings. They will guide you through the process and help you make informed decisions about your case.

  • Consider Bail Conditions: If you’ve been arrested and granted bail, ensure that you comply with any bail conditions imposed by the court. Violating bail conditions can result in further legal trouble.

  • Prepare for Trial: If your case goes to trial, work closely with your lawyer to prepare your defence. Attend all trial preparation meetings and be prepared to testify if necessary.

  • Stay Calm and Patient: Facing criminal charges can be stressful and overwhelming, but it’s essential to stay calm and patient throughout the process. Trust in your legal representation and focus on cooperating with your lawyer to achieve the best possible outcome for your case.

Contact Us

If you have been accused of Burglary, we are happy to assist you in your case. Please get in contact with us using our contact form and a member of staff from Levy & Co will contact you shortly. You can also telephone us for assistance on: 01376 511819, or  07939 223575 outside of office hours in an emergency.