Burglary Archives - Gamino Law Offices, LLC

Is Burglary a Felony in Wisconsin?

If you’ve been accused of burglary, you could be facing serious penalties – especially if your alleged offense involved a weapon. But what makes a crime a burglary, and is it a felony or misdemeanor? Here’s what you need to know.

Is Burglary a Felony in Wisconsin?

Burglary is a Class F felony in Wisconsin, and as you probably already know, felonies come with more serious punishments than misdemeanors do. If the state convicts you of burglary, you’re facing up to 7 years and 6 months in prison, plus an additional 5 years of extended supervision. The court could even order you to pay a fine of up to $25,000.

If you’re armed at the time of the offense, or if a battery occurs during the commission of the burglary, you’re facing a Class E felony. Class E felonies carry even more severe penalties. You could spend 10 years in prison with another 5 years on extended supervision, and you could have to pay up to $50,000 in fines.

What is Burglary?

Burglary is different from what many people think. The state can convict you of it if you:

Intentionally enter a building
When you enter the building, you do so without consent from the person in lawful possession of the building
You know full well that you’re entering without consent
You enter the building with intent to steal or commit another felony

You don’t have to steal something to be convicted of felony burglary. In fact, you don’t even have to intend to steal something. If you go into a building without consent and with the intent to commit any other felony (even if you don’t pull it off), the state can convict you of burglary.

What to Do if You’re Accused of Felony Burglary

If you’re arrested for burglary, you probably want to talk to an attorney as soon as you can. Your lawyer will answer your questions and help you move forward, toward the best possible outcome.

Call us at 414-383-6700 now or get in touch with us online for your free consultation. You’ll talk to someone who can give you the guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2021-07-17T10:26:31-05:00September 7th, 2020|Criminal Law|Comments Off

About Wisconsin Burglary Sentences

Wisconsin Burglary Sentence - Carlos Gamino

By Carlos Gamino

Burglary is a serious crime, so whether you’re arrested in Milwaukee, Waukesha or any other city, you may want to talk to an attorney about Wisconsin burglary sentences. It’s a Class F felony, which means it’s punishable by up to 12 years and 6 months imprisonment – and a judge can also sentence you to pay fines of up to $25,000. Sometimes it’s a Class E felony, too; in cases like those, you could be imprisoned for up to 15 years and fined up to $50,000.

Here’s what you need to know.

Wisconsin Burglary Sentences

It’s a crime to enter someone else’s property without his or her permission. At the very least, it’s considered trespassing (a misdemeanor) – but it could be burglary, which is a Class F felony. The court can find you guilty of burglary if you enter someone else’s property with the intention of committing a crime (other than simply entering the property).

About Burglary

You commit the crime of burglary when you enter someone else’s property without permission – and when you intend to commit theft or any felony inside. The property can be:

Any building
An enclosed railroad car or ship
A locked and enclosed cargo hold of a truck or trailer
A motor home or trailer

Proving Intent in Burglary

The possible sentences for burglary in Wisconsin are serious enough to include prison time, but in order for a judge to convict you, the prosecutor has to show that you had the intent to commit theft or a felony inside the property you entered (otherwise it’s really just trespassing). If you admitted that you were in the property to steal money or other valuables, it’s easier to prove intent – but sometimes prosecutors can show there was intent even without a confession. For example, if you gained entry into someone’s home by saying you were a repairman, attempted to steal jewelry and left it all in disarray before you left the house, you could be convicted of burglary (even if you didn’t actually take any jewelry).

What Makes a Burglary a Class E Felony?

Burglary becomes a Class E felony when:

You were armed or became armed during the burglary
You opened or tried to open a safe or vault with explosives
You committed battery against someone inside the property
The crime occurred at a place where someone lives, like a house, a motor home or trailer, or a boat that has sleeping quarters, and someone was present at the time

Can You Avoid Going to Prison for Burglary in Wisconsin?

No two cases are exactly alike – in fact, when it comes to burglary, legal cases can be vastly different. Many people choose to work with an experienced criminal defense attorney.

If you’ve been accused of a crime in Milwaukee, Waukesha or any other jurisdiction in Wisconsin, we may be able to help you get the best possible outcome. Call us at 414-383-6700 today for your free consultation.

Carlos Gamino

By Tedia Gamino|2021-07-17T13:01:49-05:00January 28th, 2020|Criminal Law|Comments Off

3 Things You MUST Do if You’re Facing Burglary Charges

By Carlos Gamino

Burglary is a Class F felony – and because it’s a felony, the consequences can be extreme. If you’re convicted, you could go to prison for up to 7 years and 6 months (with an additional 5 years of extended supervision). For most people, it makes sense to talk to an attorney – but these are three things you absolutely must do if you’re facing burglary charges.

3 Things You Must Do if the State Hits You With Burglary Charges

Whether you’re arrested in Milwaukee, Waukesha or elsewhere in Wisconsin, these are the three things you need to do when you find out you’re being charged with burglary:

Do not talk to anyone about your case.
Find an attorney or talk to your public defender.
Stay out of trouble.

Here’s a closer look at each.

Related: When is burglary a felony?

#1. Do not talk to anyone (other than a lawyer) about your case.

If you pick up burglary charges, the last thing you want is to incriminate yourself further – so don’t talk to anyone about your case. That’s true even if you’re in jail and you call a friend or family member to let them know where you are; police can (and do) listen in on your phone conversations unless you’re talking to an attorney.

#2. Find an attorney or talk to your public defender.

You have the right to legal counsel, so use it. For most people, it’s best to work with a Wisconsin criminal defense attorney who has time to handle a serious felony case. While there’s nothing wrong with using a public defender, they’re often overworked and have large caseloads. A public defender may not even have time to review your case until you’re just about to walk into the courtroom.

#3. Stay out of trouble.

If you’re released from jail, do not get into any more trouble – it can harm your case. Stay away from the people who were with you when you were arrested, and be extremely careful to avoid any encounters with the police.

Do You Need Legal Advice on Burglary Charges?

We may be able to help you if you’ve been accused of burglary in Wisconsin. Call us at 414-383-6700 now to schedule a consultation – we’ll ask you some questions about your situation and answer your questions, as well.

Carlos Gamino

By Tedia Gamino|2021-07-17T13:02:46-05:00January 28th, 2020|Criminal Law|Comments Off

How Long Do You Go to Jail for Burglary?

By Carlos Gamino

If you’ve just been arrested for breaking and entering, or if someone you care about has, you’re probably here because you’re wondering how long you go to jail for burglary. Unfortunately, burglary is a very serious crime in Wisconsin, and it’s one that could put you behind bars for quite a while.

How Long Do You Go to Jail for Burglary?

People convicted of burglary in Wisconsin have committed a Class F felony and are subject to:

Up to 12 years, 6 months of imprisonment (with a maximum of 7 years, 6 months of initial confinement and a maximum of 5 years of extended supervision)
A fine of up to $25,000.

Being armed during the commission of a robbery changes the whole ballgame, as does committing a battery during the commission of a robbery. The crime then becomes a Class E felony, which carries a penalty of up to 15 years of imprisonment (with up to 10 years of initial confinement and up to 5 years of extended supervision) and a fine of up to $50,000.

What it Takes to Be Charged With Burglary in Wisconsin

You can be charged with burglary if police suspect that you’ve committed it – but in order to be convicted, you must have entered a place without permission with the intent to steal something or to commit a felony. Wisconsin law defines burglary as entering any building or dwelling, as well as:

A motor home (or another motorized home), even if nobody lives in it
A trailer, even if nobody lives in it
A locked, enclosed cargo portion of a truck or trailer
An enclosed railroad car
An enclosed portion of a ship or vessel
Any room within any of these locations

Do You Need to Talk to a Lawyer About Going to Jail for Burglary?

If you think you may go to jail for burglary, you might want to talk to a Milwaukee burglary defense attorney as soon as you can.

Call us at 414-383-6700. Let us know what happened and why you think you’re going to jail for burglary, and we may be able to develop a defense strategy that gets you the best possible outcome. You can reach us online.

The sooner you call, the sooner we can start helping you.

Carlos Gamino

By Tedia Gamino|2021-07-23T18:31:05-05:00November 24th, 2019|Criminal Law|Comments Off

What to Expect if You’re Charged with Burglary in Milwaukee

By Carlos Gamino

If you’re charged with burglary in Milwaukee or Waukesha, you need to know that the consequences can be extremely harsh – and it may be in your best interest to get in touch with a Milwaukee burglary defense lawyer as soon as possible.

What Happens if You’re Charged With Burglary in Milwaukee?

If police arrest you and the state of Wisconsin charges you with burglary, you could be facing serious penalties.

Burglary is a Class F felony here, which means you could be facing 12 years, 6 months of imprisonment (there’s a maximum of 7 years, 6 months of initial confinement, as well as a maximum 5 years of extended supervision). You could also be slapped with fines totaling up to $25,000.

If you’re convicted of committing burglary while armed, whether you entered the premises armed or you armed yourself during the commission of the crime, or if you commit battery during the burglary, you’re facing Class E felony charges. That means you could spend up to 10 years in confinement with 5 years of extended supervision – and the fine can total up to $50,000.

What to Do if You’re Accused of Burglary in Milwaukee or Waukesha

If you’re accused of committing burglary in Milwaukee, Waukesha or the surrounding communities, or if you’re questioned by police regarding a burglary, you may want to talk to a burglary defense lawyer right away.

You don’t have to talk to police, even if you’re innocent. In fact, it’s typically a good idea to use your right to remain silent until you’ve consulted with your attorney. Your attorney will evaluate your case and build a strategy based on the facts that gets you the best possible outcome.

Are You Suspected of Burglary in Milwaukee or Waukesha?

We may be able to help you if you’ve been questioned about a burglary or if police have arrested you as a suspect.

Call our Milwaukee burglary defense lawyers at 414-383-6700. You can also contact us online for a free case evaluation.

Carlos Gamino

By Tedia Gamino|2021-07-27T20:50:50-05:00November 22nd, 2019|Criminal Law|Comments Off

The 3 Most Common Criminal Charges in Wisconsin

Thousands of people are charged with crimes in the state of Wisconsin each year, and according to the FBI, some crimes are far more common than others. Statewide, more than 141,000 people received criminal convictions in 2013 (a number that has been steadily decreasing since 1991, when judges convicted more than 221,000 people).

The 3 Most Common Criminal Charges in Wisconsin

Generally speaking, crimes are broken down into several categories; each category has its own subcategories, as well. For example, the FBI has an individual category for violent crimes, but that category includes murder, rape and aggravated assault, as well as several other types of crimes.

The three most common crimes in Wisconsin are:

1. Larceny and theft.

Wisconsin law considers a thief someone who “intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of such property.”

2. Burglary

Burglary is a form of stealing (it sure seems like we need to start nailing things down in Wisconsin, doesn’t it?) but it requires the person being charged to have intentionally entered a building without the owner’s consent. It also requires that the person entered knowing full well that he or she was not supposed to be there, and that he or she entered with the intent to steal something or to commit a felony.

3. Robbery

Robbery is different from larceny, theft and burglary in that it requires force or the threat of force. According to Wisconsin law, a robber is someone who steals property by using physical force or threatening to use physical force in order to get away with the things he or she is stealing.

What to Do if You’re Charged with Any Crime in Wisconsin

While these are the three most common crimes most attorneys deal with, we work with people dealing with a wide variety of charges in our office. If you’ve been accused of any sort of crime in Milwaukee, Waukesha or the surrounding areas, call us. Our talented criminal defense lawyers will start building a solid defense for you right away.

By Tedia Gamino|2021-07-31T17:20:20-05:00November 19th, 2019|Criminal Law|Comments Off

Can I Get Breaking and Entering Expunged from My Record?

Expungement - Wisconsin Criminal Defense Lawyers

We’ve all made mistakes that we wish we hadn’t – and in some cases, those mistakes continue to cast a shadow on our lives for years. If you’ve been convicted of the crime of breaking and entering, whether or not there was burglary involved, there’s good news: with the help of a talented Milwaukee criminal defense lawyer, you may be able to have it expunged from your record.

What is an Expungement?

When you have something expunged from your record, it’s no longer available to public view. That means most employers won’t be able to see it, either (unless you intend to join the military or law enforcement; then, you’ll have to check with your attorney to find out exactly how “invisible” your past conviction will become).

It’s still there, but it’s not considered public information anymore.

Getting a B&E Expunged from Your Record

It’s not always possible to have a breaking and entering charge expunged from your record. However, some people are eligible to try, including:

People who were convicted of B&E before the age of 17.
People who were convicted of B&E before the age of 25 whose lawyers plan ahead and help them preserve their rights to ask for an expungement after their sentences are carried out.

There are several caveats to that; for example, you must not have been convicted of another crime (neither a misdemeanor nor a felony) and you must have paid all of the fines related to the crime. Be sure to bring your attorney all of the court paperwork you have – including receipts – so he or she can ensure that everything is in order and that you qualify to ask for an expungement.

While it’s always best to avoid a conviction in the first place, sometimes there’s no getting around it. As long as you have a skilled attorney by your side during your B&E trial, you can rest assured that your rights will be protected.

By Tedia Gamino|2021-08-08T12:22:55-05:00November 16th, 2019|Criminal Law|Comments Off

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Burglary

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