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Rhode Island classifies burglary, the entering of a building without permission and with the intent to commit a crime, a felony. This crime is taken very seriously by law enforcement and the courts, and if you are convicted of burglary in the state, the consequences can be severe. In the event of an arrest for burglary, the first person you should contact is an experienced Rhode Island attorney that can protect your rights and help you understand all the aspects of your case.

The team at Archambault Law has represented many in Rhode Island that have been arrested and charged with burglary. Attorney Archambault’s unique background in law enforcement and both sides of the table in the courtroom will provide you with all the perspective and information necessary to handle your case best. The experience of getting arrested and charged with a felony is a highly stressful and frightening one, and knowing there is someone in your corner to provide you with the best possible legal defense is an undeniable advantage throughout the process.

Clearing the Confusion: What is Burglary?

Burglary, as defined by the law, requires that two specific conditions are met:

Unpermitted entry – This is the breaking and entering part of the burglary definition. To commit this act, you must access a building or structure that you did not have permission to enter, including one occupied by tenants. This extends to an attempt at breaking and entering, even if the act did not provide successful access to a home or structure.

Intent to commit a crime – Unlawful entry into a building alone does not constitute a burglary. The accused must have a goal in mind to commit a crime once inside, usually removing the belongings of the tenants or lawful property owner.

If either one of these conditions is not met, a burglary conviction is highly doubtful. As with any criminal charge, determining what laws were violated and how those charges will play out in court is an intricate process. It is essential to have competent legal representation on your side to help you successfully navigate all the complexities of the legal system.

Breaking Down the Burglary Statute in Rhode Island

The burglary statute in Rhode Island can be broken down into the following subsections:

Attempted Breaking and Entering states that any person that tries to break into a structure but fails can face the same consequences as if the act was successful. The determining factor is that an overt attempt was made to enter the premises.

Breaking and Entering a Dwelling House results in charges if a person enters a building without permission. This is the most common type of arrest under the burglary category and carries a minimum penalty of two years and a maximum penalty of 10 years for a first offense.

The charges and potential consequences for breaking and entering can be increased based on any of the following circumstances:

  • A resident is on the premises at the time of the break-in
  • The accused is in possession of burglary tools at the time of the break-in
  • The accused has “felonious intent” at the time of the break-in
  • The resident of the building is 60 or older
  • The building’s resident is severely impaired
  • The accused possessed tools related to arson at the time of the break-in

Each of these subsections has specific requirements that must be met to obtain a conviction. An experienced legal team can assess each of these circumstances to find the grounds for defense necessary to reduce the charges or have them dismissed completely.

Need a Burglary Defense Lawyer? Contact Us!

Attorney Archambault and his team are committed to serving clients in Rhode Island that have been arrested and charged with burglary. If you or a loved one need legal representation, contact us today at 401-231-9700 for a free evaluation of your case.

Been convicted or charged of a burglary, call Archambault Law Offices and see what we can do for you.Contact Us Now