Burglary Defense Attorney

Charged with Burglary in Wyoming or South Dakota?

Facing burglary charges can be one of the most stressful and intimidating experiences in your life. A conviction can carry serious consequences, including prison time, fines, and a permanent mark on your criminal record that impacts employment, housing, and personal relationships. At Just Criminal Law, we understand the high stakes involved in burglary cases. Our experienced burglary defense lawyer team serves clients throughout Wyoming and South Dakota, offering aggressive legal representation tailored to protect your rights and pursue the best possible outcome.

To get started with an initial consultation, call (307) 300-2240 or fill out our online contact form today.

What is Considered Burglary?

Burglary is generally defined as unlawfully entering or remaining in a building, structure, or dwelling with the intent to commit a crime inside—typically theft, but it can also include other offenses. Unlike robbery, which involves taking property directly from a person through force or intimidation, burglary focuses on unlawful entry with criminal intent.

Both Wyoming and South Dakota have statutes that outline burglary in varying degrees, based on factors such as:

• Whether the crime involved a dwelling (someone’s home) versus another type of building
• Whether a weapon was involved
• Whether anyone was injured or threatened during the act
• The intent of the accused at the time of entry

Penalties for Burglary in Wyoming

In Wyoming, burglary is considered a felony offense. The severity of penalties depends on the degree of burglary charged.

General Burglary (Wyo. Stat. § 6-3-301)

• Unlawfully entering or remaining in a building with the intent to commit theft or a felony can lead to:
• Up to 10 years in prison
• Fines up to $10,000

Aggravated Burglary

If the burglary involved a deadly weapon, resulted in injury, or occurred in an occupied home, the penalties increase significantly:

• Up to 25 years in prison
• Substantial fines and a permanent felony record

Penalties for Burglary in South Dakota

In South Dakota, burglary is divided into three degrees, each with its own level of penalties under state law.

Third-Degree Burglary (SDCL § 22-32-8)

• Entering or remaining in a structure unlawfully with intent to commit any crime
• Class 4 felony
• Punishable by up to 10 years in prison and fines up to $20,000

Second-Degree Burglary (SDCL § 22-32-6)

• Involves unlawfully entering or remaining in a dwelling (home) with the intent to commit a crime
• Class 3 felony
• Up to 15 years in prison and a $30,000 fine

First-Degree Burglary (SDCL § 22-32-1)

• The most serious charge, typically involving entry into an occupied structure at night, or involving force, violence, or a weapon
• Class 2 felony
• Up to 25 years in prison and fines up to $50,000

Common Defenses to Burglary Charges

At Just Criminal Law, we develop defense strategies tailored to the facts of your case. Some common defenses include:

• Lack of intent: Proving that you did not intend to commit a crime inside the structure.
• Mistaken identity: Challenging eyewitness testimony or surveillance footage that may be unreliable.
• Consent to enter: Showing that you were invited or had permission to enter the property.
• Unlawful search or arrest: Suppressing evidence obtained through illegal police procedures.
• Insufficient evidence: Highlighting weaknesses in the prosecution’s case.

Every burglary case is unique, which is why it’s essential to have an attorney who thoroughly investigates the facts, challenges the prosecution’s case, and fights for your rights.

FAQs About Burglary Charges in WY & SD

What’s the difference between burglary and robbery?

Burglary involves unlawful entry with intent to commit a crime, while robbery involves taking property directly from someone using force or intimidation.

Can burglary charges be reduced?

Yes. In some cases, burglary charges may be reduced to lesser offenses such as trespassing or attempted burglary, depending on the evidence and negotiation with prosecutors.

Do I need a lawyer if I’m innocent?

Absolutely. Even if you believe you are innocent, the state will aggressively prosecute burglary cases. An experienced burglary defense lawyer can help ensure your side of the story is heard and protect you from wrongful conviction.

How long will a burglary charge stay on my record?

In both Wyoming and South Dakota, a burglary conviction typically remains on your record permanently unless it qualifies for expungement, which is rare for felony charges.

Can juveniles be charged with burglary?

Yes. Juveniles can face burglary charges, and while penalties may be different, the consequences can still be severe and impact future opportunities.

Why Choose Our Firm?

When your freedom and future are on the line, you need a burglary defense attorney who understands the nuances of both Wyoming and South Dakota law. At Just Criminal Law, we:

• Provide aggressive defense strategies tailored to your case
• Have deep knowledge of local courts, prosecutors, and legal procedures
• Offer compassionate guidance while fiercely protecting your rights
• Strive for case dismissals, reductions, or favorable plea agreements when possible

Contact Just Criminal Law today for a confidential consultation and take the first step toward protecting your rights and your future.