A conviction for aggravated armed burglary has potentially catastrophic consequences, including the possibility of a life prison sentence.
In order to convict a defendant of aggravated armed burglary, the Commonwealth must prove beyond a reasonable doubt that:
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.
Aggravated armed burglary are usually defended in the following ways.
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. There is research that proves eyewitness identification testimony is some of the most unreliable evidence that exists. Oftentimes, witnesses will honestly but incorrectly identify a defendant who was not a participant in a crime. These erroneous identifications happen for many reasons – it’s harder to make an identification after a traumatic event (such as being the victim of a violent crime); it’s harder to identify someone of a different race; and it’s harder to identify someone with the passage of time. All of these issues will be addressed during the examination of the eyewitnesses.
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? Intent is a notoriously difficult element for the Commonwealth to prove in these types of cases.
A conviction for aggravated armed burglary is going to significantly disrupt your life. You should give yourself the best chance for a positive outcome by hiring an experienced, aggressive Middlesex County criminal defense attorney to defend you. Attorney Spring has both prosecuted and defended cases in superior court during his career. He has conducted complex criminal investigations as a prosecutor and a defense attorney. He is experienced in issues involving the grand jury. He is comfortable trying cases in front of superior court judges and juries. Attorney Spring is in a position to help you with your case, regardless of whether you were accused of a violent crime or unarmed burglary. Call him today for a free consultation.