The consequences of an aggravated burglary conviction can be life-changing—up to 15 years in prison and a $50,000 fine. Understanding the difference between regular and aggravated burglary can help you better estimate what penalties you or a loved one might be facing if convicted. In this post, we'll explore the definitions of each of these charges and potential penalties.If you or someone you know are facing aggravated burglary charges in Madison, time is critical. Don't wait—contact a local criminal defense attorney as soon as possible.
What is Aggravated Burglary in Madison, Wisconsin?
In Wisconsin, just as in other states, it's a serious crime to enter someone's property without their permission or consent. Section 943.10 of the Wisconsin Statutes defines two different crimes for burglary: §943.10(1m) describes "ordinary burglary" and §943.10(2) describes "aggravated burglary."
Understanding Ordinary Burglary First
Burglary is defined by intentionally entering the following places without the permission (or consent) of the person in lawful possession of the property with the intent to steal or commit a felony:
- Any building or dwelling
- An enclosed railroad car
- An enclosed portion of any ship or vessel
- A locked enclosed cargo portion of a truck or trailer
- A motor home or other motorized type of home or a trailer home whether or not any person is living in any such home
- A room within any of the above
This is classified as a Class F felony, punishable by up to 12 years and six months in prison and a fine of up to $25,000.
One way Wisconsin's burglary laws differ from other states involves areas open to the general public. It's important to note that a person who enters a place open to the general public in Wisconsin technically has permission to do so, and can't be charged with burglary.
When Burglary Becomes Aggravated
Ordinary burglary becomes aggravated burglary when committed under any one of the following circumstances:
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The person is armed with a dangerous weapon or a device or container described under s. 941.26(4)(a)
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The person is unarmed, but arms themselves with a dangerous weapon or a device or container described under s. 941.26(4)(a) while still in the burglarized enclosure
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While the person is in the burglarized enclosure, they open, or attempt to open, any depository (a place where valuables are kept) by use of an explosive
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While the person is in the burglarized enclosure, they commit battery upon a person lawfully present
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The burglarized enclosure is a dwelling, boat, or motor home and another person is lawfully present in the dwelling, boat, or motor home at the time of the violation
The Penalties—What You're Really Facing
Under §943.10(2) Wis. Stats., aggravated burglary is punishable by up to 15 years in prison and a $50,000 fine and is classified as a Class E felony.
Beyond Prison Time: Long-Term Consequences
A felony conviction has serious consequences that go far beyond jail time and fines. When you're convicted of a felony, you lose several important civil rights:
- Loss of firearm rights: You will no longer be able to possess firearms or hunt with guns
- Voting rights: Your right to vote is taken away during your sentence and probation period
- Jury service: You lose the ability to serve on a jury or hold certain public offices
- Employment difficulties: Finding employment becomes much harder because most employers run background checks and may refuse to hire people with felony records
- Housing challenges: Many landlords will reject rental applications from people with criminal records
- Child custody impact: If you have children, a felony conviction may affect your custody and visitation rights
The prison term may increase if you have a record of misdemeanors and/or a previous felony conviction.
Related Charges: Possession of Burglarious Tools
In Wisconsin, burglary tools are tools or devices "intended, designed or adapted" specifically for breaking into an area with the intent to commit theft. A common example might include a crowbar, lock pick, or other device intended for breaking into a building, safe, or other secured area to commit theft.
Possession of burglary tools is a Class I felony, which is punishable by a fine of up to $10,000, three years and six months in prison, or both.
It's important to understand that you can be charged with both burglary and possession of burglarious tools as separate offenses.
Defense Strategies That Can Work
While it may seem like the deck is stacked against you when you're facing aggravated burglary charges, many people facing serious charges have had their cases amended to lesser crimes or dismissed altogether. Each case is different, and depending on the particular circumstances surrounding your charges, there may be a number of defenses which can be raised—all of which have been proven effective.
Common Defense Strategies Include:
Challenging Illegal Evidence
If evidence is shown to be obtained illegally, it cannot be submitted for trial. For instance, if the police didn't secure a valid warrant before they seized evidence or violated your constitutional rights during your arrest.
A skilled attorney will take the time to review all the details of your arrest, searches made by law enforcement, and statements made. If at any point your rights were violated, it may render the prosecution's evidence inadmissible in court.
Lack of Probable Cause
Skilled criminal defense attorneys will often begin by thoroughly investigating the underlying details of the case itself and whether or not prosecutors have probable cause to accuse you of a felony during a preliminary hearing. This involves analyzing police and court records to determine if your rights were violated at any point in the process.
If a procedural violation or another type of mistake was made before trial, a motion hearing can be called to dismiss the charges against you.
Challenging the Elements of the Crime
The prosecution must prove each element of aggravated burglary beyond a reasonable doubt. This includes proving:
- Intentional entry
- Knowledge of non-consent
- Intent to commit a crime inside at the time of entry
- The aggravating factors that elevate it from ordinary burglary
Reducing Charges
In situations where certain behaviors can be charged as multiple offenses, an experienced attorney may be able to negotiate to reduce the charges to a lesser offense with lower penalties.
What to Do If You're Charged in Madison, WI
If you've been charged with aggravated burglary or any other crime in Wisconsin, here's what you should do:
DO NOT Talk to Police Without an Attorney
In any arrest, one of the key rights is that the arrested person does not have to say anything, as any statements might potentially incriminate them. Exercise your right to remain silent.
Getting arrested for anything can be frightening, regardless of the circumstances, but it is important to react appropriately if you are charged in order to lay the best possible foundation for your defense.
DO Contact a Local Madison Criminal Defense Attorney Immediately
If you're charged with burglary in Wisconsin or home invasion in Wisconsin, it's extremely important to contact a local criminal defense attorney as soon as possible. Wisconsin criminal defense attorneys can answer questions and help craft the strongest possible defense for your burglary case.
Do not accept any kind of plea bargain or guilty plea offered to you before an attorney has had a chance to review your case.
DO Keep Your Case Confidential
Don't discuss your case with anyone except your lawyer. Avoid discussing any facts about the case or your defense in public, including online discussion forums such as Facebook or Twitter.
DO Act Quickly
That being said, it is in your best interest to start researching Wisconsin criminal defense attorneys right away if you've been charged with a crime. The sooner you find a qualified attorney for your needs, the sooner you can make an informed decision to get the legal help you need. Any attorney you speak with should first and foremost help you fully and clearly understand the charges in front of you and assure you that anything offered by the prosecution is not your only option.
Remember: being charged is not the same as being guilty. With the right defense strategy, many felony cases result in dismissal, acquittal, or significant charge reduction.
Attorney Stangl's Approach: Experienced, Aggressive Defense
Madison-based criminal defense attorney Patrick J. Stangl, is nationally recognized and has been practicing since 1991. He has extensive experience and knowledge in defending against felony charges, including aggravated burglary. If you or a loved one is facing criminal charges, Stangl Law can help.
At Stangl Law Offices, we listen carefully to your side of the incident and work with you to build a defense that could potentially result in either an acquittal, a reduction to a lesser charge, or in some cases, the dropping of charges.
Burglary Defense Success Story
Attorney Stangl represented a client who was charged with being a party to substantial battery, burglary, and several counts of misdemeanor criminal damage to property. After the preliminary hearing, which took one half of a day, the trial judge expressed concern about the strength of the State’s case but nonetheless found probable cause as to the charges and the matter was bound over for further trial proceedings.
Prior to the arraignment on the charges Attorney Stangl filed a request for substitution of the trial judge. He believed the State did not meet its minimal burden to establish probable cause as to the charges at the preliminary hearing. He then filed a motion to quash the bind over on the felony charges along with an extensive brief supporting his arguments. The newly assigned trial judge agreed and all criminal charges against his client were dismissed.
FREE 10-Minute Consultation
Wisconsin Criminal Defense Attorney Pat Stangl is happy to take time to discuss the charges you're facing in order to determine if he would be able to help you with your case.
Contact Stangl Law Offices today to schedule your FREE consultation and take the first step in putting this stressful time behind you.
Stangl Law Offices, S.C.