I entered a home thinking it was my own because i had taken pills and drank and didnt know what i were doing. So i went in thinking i were at home and unplugged some things i were going to go sell, but i ended up passing out in the home. The things i were gone take, i thought were mine cause i thought i was home. The people didnt press charges because they knew me and knew that i normally wouldnt do such a thing since my last incident. The pa said if i plead guilty he'd only charge me with res burg. cause i were caught with brass knuckles and a misdemeanor theft, but didnt takeanything. What is a way around this res burg charge?
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Criminal Defense Attorney
Residential burglary is a Class B Felony 5-20 years. You can be habitualized based on your prior felonies which will impact your good time and sentence length. Part of residential burglary involves intent to commit any act that you can be put in prison for. While the brass knuckles are a Class A misdemeanor instrument of crime, based on your story you can may have an intent argument. Residential burglary is a pretty big felony, but if there is no actual victim, or the victim believes your story, you should fight the charge.
We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just speaking in general about the law in Arkansas and not your specific situation. I am not providing advice, I am just assessing a situation. If you are facing charges then it is serious, and you need to schedule a consultation with myself or another criminal defense attorney. My office is at www.lrattorney.com.
Criminal Defense Attorney
If you are trying to beat the residential burglary charge, you need to hire an attorney.
You don't have to actually take anything in order to be convicted of residential burglary. In Arkansas, residential burglary is the unlawful entry of a residential structure with the purpose of committing an offense punishable by imprisonment.
A conviction for residential burglary is a class B Felony and carries a sentence of 5-20 years in the Arkansas Department of Correction. Three prior Felonies would enhance your sentence range to 5-30 years.
Contact an attorney who can more thoroughly review your case for more information.
My answering to this question in no way creates an attorney-client relationship. This answer is intended for informational purposes only. It is not intended to provide legal advice. Laws differ by jurisdiction, and the information in this answer may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.