Facing Criminal Charges? Learn About Your Options Here

Facing A Burglary Charge? 4 Circumstances The Judge Will Consider During Sentencing

by Theresa Hoffman

If you've been arrested for burglary, the first thing you need to do is hire a criminal attorney. The last thing you want to do is try to defend yourself, especially when you could be facing potential jail time. Your attorney will help you navigate the legal system. If the prosecution has a significant amount of evidence against you, it's a good idea to consider the type of sentence you might receive if a jury finds you guilty of the charges. It's important to note that the judge will take a few things into consideration before handing down the sentence. Here are four of the circumstances the judge will take into consideration before sentencing you for burglary.

Was It Your First Offense?

If you're convicted of burglary, one of the first things the judge will look at is your criminal record. Your past criminal history will play a big role in the sentence that is handed down. For instance, if you've never been in trouble with the law before, and this is your first offense, the judge will be more lenient during the sentencing phase. However, if you've been in trouble with the law in the past, the judge may hand down a much harsher sentence, especially if they consider you a repeat offender.

What Type of Property Was Stolen?

When it comes to the sentencing phase of your burglary trial, the judge will also consider the type of property that was stolen. For instance, did you steal residential property or commercial property? They'll also consider the value of the property that was stolen. You might not realize this, but the type of property and the value of the property may play a big role in what type of sentence you receive, should you be convicted of burglary.

Were People at Home when You Broke In?

If you broke into a residential home, the judge will want to know if people were at home during the burglary. If you committed a burglary while people were at home, the judge might decide that it was considerably more dangerous than had you broken in while no one was home.

Did You Use a Weapon to Commit the Burglary?

Finally, during the sentencing phase of your burglary trial, the judge will consider whether or not you used a weapon to commit the burglary. If you used a weapon, you may be given a harsher sentence than you would have received had you not used a weapon.

If you've been arrested, and charged with burglary, you need to speak to your local burglary offense law services as soon as possible. Your attorney can explain the sentencing requirements the judge will follow should you be convicted of burglary.