Aggravated Armed Burglary

A conviction for aggravated armed burglary has serious consequences, including the possibility of life in prison.

Elements of Aggravated Armed Burglary

In order to convict a defendant of aggravated armed burglary, the Commonwealth must prove beyond a reasonable doubt that:

  1. The defendant broke into and entered a dwelling house;
  2. In the nighttime;
  3. With the intent to commit a felony in the dwelling house; and
  4. At the time of the breaking and entering, a person was lawfully at home in the dwelling and the defendant either (1) was armed with a dangerous weapon at the time of the breaking and entering; or (2) armed himself or herself with a dangerous weapon while in the dwelling, or (3) committed an actual assault on the person in the home.

A Dwelling House is any place that people live. Dwelling houses include single family homes, duplexes, apartments, tenement buildings, hotels, boarding houses, dormitories, or any other buildings where people are domiciled.

Common Defense Strategies

Aggravated armed burglary cases can be defended in a variety of ways.

  • Identification - Because aggravated armed burglary necessarily involves conduct that occurs at night, identification is often a live issue at trial. How was the defendant able to be identified when it was dark outside? Attorney Spring aggressively cross-examines all eyewitnesses in these types of cases.

  • Defendant’s Intent - The Commonwealth must prove beyond a reasonable doubt that the defendant intended to commit a felony after breaking into the dwelling house. Unless there is a history between the defendant and the homeowner, this is often an element that can be aggressively attacked at trial – how can the jury possibly know what the defendant was intending to do once he or she got inside the dwelling house?

Given the serious consequences that result from an aggravated armed burglary conviction, it is essential that you have an attorney who is experienced in trying these types of cases. Attorney Spring has the necessary experience to aggressively defend your case.

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