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Burglary differs from robbery because no physical force against a person is used in burglary and it does not necessarily have to involve taking of property. If you are convicted of burglary, you may be guilty of a class 3 felony, punishable by up to 20 years in prison and a fine of up to $100,000. If a deadly weapon was utilized during the burglary, you may be guilty of a class 2 felony, punishable by prison time and a fine of up to $100,000.

There are some defenses to burglary which may be pursued depending on the specific facts of your case. The “true owner” defense or “erroneous takings rule” can be used if you are retrieving property that rightfully belongs to you. If you can prove to a jury that you were the rightful owner and you were taking back property of which you were wrongfully deprived, you may have a defense for burglary. This defense still could lead to larceny charges, so an attorney should be contacted immediately to begin formulating a defense.

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