To prove Burglary the State has to show that you 1) unlawfully entered or remained in a building with 2) the intent to commit a crime inside that same building. The State does not have to show breaking and entering or theft. For example – burglary could be charged based on walking through an open door with the intent to commit assault. Although Burglary cases are often charged only as property crimes, they can also be charged as crimes of violence.
Oregon law punishes Burglary in different ways depending upon the type of building, the type of crime intended or committed, and other factors. The potential punishment can range from probation to a theoretical maximum of 20 years prison. In some cases the law presumes a mandatory minimum sentence. Your risk of exposure will depend on the unique facts and circumstances of your case.
Oregon caselaw on Burglary is relatively complex. There are different ways the State can prove their case, defined limitations, and defense theories and sentencing factors specialized to Burglary cases. By choosing our firm you are choosing experienced, dedicated defense attorneys who know how these rules and cases can be used in your defense.
