Being charged with a burglary offense involves a couple of elements — you're alleged to have entered a structure without permission to do so, and you had plans to take something that doesn't belong to you. If you've been arrested for a burglary, you may face serious legal consequences. It's important to discuss your case with your attorney. Upon reviewing the arrest record, your attorney may express concern with the evidence that has been collected against you. If he or she doesn't believe that getting the charge dismissed will be easy, you might wish to evaluate pleading to a lesser charge. In this scenario, pleading to trespassing can be a good option. Here are some points that you'll want to make.

There Was Nothing To Take

One argument that you can make as you attempt to plead to a trespassing charge instead of a burglary charge is that there was nothing to take. To do so effectively, the building in which you were arrested needs to be suitable. For example, if you're alleged to have broken into an empty shed or another structure of this type, it can be relatively easy for your attorney to argue that because it didn't contain anything, there's no way that you could have had the intent to steal something.

You Didn't Have The Means To Remove Something

You can also make an argument that you weren't attempting to steal anything if the objects located in the building weren't realistically possible to move. Point out how you arrived on the scene. For example, if you walked, rather than drove a vehicle, this can be a good point for your defense. If you were caught in a building that had one or more large objects — a boathouse, for example — your attorney can claim that you had no plans to steal a boat because you didn't have a truck and a trailer. In this scenario, pleading to trespassing may be more applicable.

You Aren't In Possession Of Any Burglary Tools

Possession of burglary tools can be an additional charge beyond a charge of burglary, but having these instruments in your possession can also indicate that you had plans to steal something. If you were caught without burglary tools, you can argue that you were in no way thinking about taking something. For example, if you were caught in a hunting cabin, the prosecution may suggest that you were planning to steal firearms. However, with no tools that a person would use to force open a gun safe, the probability of theft is unlikely.

Contact an attorney for more help.