Criminal Defense Lawyer Nebraska: Burglary Laws, Claims, and Legal Strategies to Protect Your Rights

Understanding Burglary Laws in Nebraska

📌 Definition of Burglary in Nebraska
In Nebraska, burglary is defined under Nebraska Revised Statute 28-507 as unlawfully entering a building or occupied structure with the intent to commit a felony, theft, or assault inside. This applies regardless of whether force was used to enter.

📌 Classification and Penalties
Burglary is classified as a Class IIA felony, punishable by up to 20 years in prison, though it does not carry a mandatory minimum sentence. However, aggravating factors such as the use of weapons, injuries to occupants, or repeated offenses can significantly impact sentencing.

📌 Common Defenses Against Burglary Charges
- 🔹 Lack of Intent – If there was no intent to commit a crime upon entry, the charge might not hold.
- 🔹 Mistaken Identity – Eyewitness testimonies can be unreliable, and surveillance footage may be misinterpreted.
- 🔹 Consent to Enter – If you were allowed into the property, it might negate the unlawful entry aspect.
- 🔹 Insufficient Evidence – If the prosecution lacks solid evidence linking you to the crime, your case can be dismissed.

Legal Strategies to Protect Your Rights

📌 Know Your Rights Upon Arrest
If accused of burglary:
✔️ Remain silent – anything you say can be used against you.
✔️ Request a lawyer immediately before answering any questions.
✔️ Avoid discussing your case with anyone except your attorney.

📌 Hire an Experienced Criminal Defense Attorney
A seasoned criminal defense lawyer familiar with Nebraska's legal system will:
✅ Review evidence thoroughly for inconsistencies.
✅ Negotiate plea deals if necessary to reduce charges.
✅ Challenge procedural errors that might get your case dismissed.

📌 Suppress Unlawful Evidence
Your attorney may challenge evidence collected improperly due to violations of:
- 🔹 Fourth Amendment Rights – If law enforcement searched your property without a warrant.
- 🔹 Miranda Rights Violation – If officers failed to inform you of your right to remain silent and have an attorney.

📌 Consider Plea Bargains When Applicable
If evidence against you is strong, a plea bargain might:
✔️ Lower charges to trespassing or petty theft instead of burglary.
✔️ Reduce jail time or replace it with probation or community service.

Compensations and Legal Remedies for False Accusations

📌 Seeking Compensation for Wrongful Arrest or Prosecution
If you are falsely accused or wrongfully convicted, you may pursue compensation for:
- 🔹 Lost Wages – Covering earnings lost due to arrest or trial proceedings.
- 🔹 Emotional Distress – Stress and reputation damage caused by false accusations.
- 🔹 Legal Expenses – Attorney fees reimbursed if wrongful prosecution occurred.

📌 Filing a Civil Lawsuit for Malicious Prosecution
If you can prove that someone wrongfully accused you with malicious intent, you may sue for damages under a civil claim for malicious prosecution.

📌 Expungement or Record Sealing
Expungement laws in Nebraska are strict, but depending on the case outcome, you might petition for:
✔️ Record Sealing – Prevents public access to arrest or court records after dismissal or acquittal.
✔️ Pardon Application – For those convicted but later proven innocent.

Preventive Measures to Avoid Burglary Accusations

📌 Be Aware of Trespassing vs. Burglary Laws
Understand the difference between trespassing (unauthorized entry without intent to commit a crime) and burglary (entry with intent).

📌 Have Strong Alibis and Documentation
- 🔹 Keep records of whereabouts through phone location data or witness testimonies.
- 🔹 Avoid situations where being present at a crime scene could implicate you unfairly.

📌 Exercise Caution in Property Disputes
Even in landlord-tenant disputes or relationship breakups, unauthorized re-entry into a property may lead to burglary charges. Always obtain proper legal guidance before attempting entry into disputed property.