Burglary and Armed Burglary in Wisconsin
In Wisconsin, Burglary is a Class F Felony and Armed Burglary is a Class E Felony. The maximum sentence for a Class F Felony is 12 and a half years in prison and/or a $25,000.00 fine. The maximum sentence for a Class E Felony is 15 years in prison and/or a $50,000.00 fine. Both charges fall under Wisconsin property crimes law.
What the State Must Prove for Burglary
In order to be found guilty of burglary, the State must prove the following elements beyond a reasonable doubt:
- You intentionally entered a building or dwelling
- You did not have the owner’s permission to do so
- You had the intent to steal or commit a felony while in that building or dwelling
Importantly, you do not have to succeed in stealing anything. The State only needs to prove that you had the intent to steal something, or otherwise the intent to commit a felony.
When Burglary Becomes Armed Burglary
Burglary is elevated to Armed Burglary — a Class E Felony — when any one of the following situations occurs:
- You were armed with a dangerous weapon
- You entered the building unarmed but then picked up a dangerous weapon while committing the burglary
- You attempted to use an explosive
- You physically harmed any person who was legally present in the building
- Another person was legally present in the building at the time of the burglary
Defenses to Burglary and Armed Burglary Charges
There are a number of potential defenses available depending on the specific facts of your case. Some common examples include:
- No dangerous weapon: A defense to Armed Burglary may be that you were not armed with a dangerous weapon at any point during the alleged burglary.
- No one legally present: Another potential defense is that there was no person legally present in the building at the time of the alleged offense.
- No intent to steal or commit a felony: A third potential defense is that you did not intend to steal another person’s property or otherwise commit a felony at the time you entered the building.
Because each defense depends on the specific facts of the case — meaning a defense may apply in one situation but not in another similar one — it is important that you speak with an experienced criminal defense attorney who can help you evaluate the strength of your possible defenses.
Contact a Wisconsin Burglary Defense Attorney
Contact an attorney at our firm to schedule a consultation. We look forward to discussing your case in detail.
