A: Yes, burglary charges can affect your ability to get housing or loans. A felony burglary conviction can appear on background checks, which means landlords and lenders could view a criminal record as a risk factor. Even if you’re not convicted, even an arrest can raise questions. Having the charge reduced or dismissed could help reduce long-term effects on your financial and housing opportunities.
Salem Burglary Lawyer
Salem Burglary Attorney
Being charged with burglary in Salem isn’t only serious, it’s an overwhelming and stressful situation. An experienced Salem burglary lawyer can help. At The Law Office of Amy L. Bingham, we understand what is at stake. With 14 years of diverse legal experience, including significant work in criminal defense and complex litigation, Attorney Bingham brings a wealth of knowledge and a passionate advocacy for her clients.With a clear focus on making sure you understand your rights and options, we aim to guide you through the process with determined and robust representation. Schedule a consultation today!
What Is Burglary Under Oregon Law?
In 2022, the property crime rate in the state was 50% higher than the national rate, however, burglary decreased by 36% in Oregon over the course of the previous ten years.
In Oregon, burglary is more than just breaking into someone’s home. It includes unlawfully entering any building or structure with the intent to commit a crime. It most often is theft, but it can include assault or other criminal activity. Oregon law divides burglary into two main categories:
- Burglary in the Second Degree. This is when someone enters or unlawfully remains inside a building with the intent to commit a crime.
- Burglary in the First Degree. This is a more serious charge that involves entering a dwelling (a place where someone lives), committing burglary while armed, or causing physical injury to someone involved.
Understanding what qualifies as burglary under Oregon law is key when trying to protect your rights while also making informed decisions. If you are being investigated or have been charged, call the Law Office of Amy L. Bingham to help you evaluate your options and build a strong legal defense.
Common Defenses Against Burglary Charges
There are several possible defenses that can be used to fight a burglary charge in Oregon, depending on the specifics of the case. One of the most important elements the prosecution must prove is intent. If you entered a building but didn’t intend to commit a crime inside, the charge might not meet the legal definition of burglary.
Another possible defense is consent. If you had permission to be on the property — either explicit or implied — then your presence might not have been unlawful.
Mistaken identity is also a common issue in burglary cases. Surveillance footage, eyewitness accounts, or police reports aren’t always accurate. If there’s any doubt about who was actually involved, that uncertainty can be used in your defense.
Finally, if law enforcement violated your rights during the investigation — like conducting an illegal search, failing to follow proper procedures, or arresting you without probable cause — any evidence collected can be challenged or suppressed.
Most felony cases are resolved without going to trial, often through plea agreements or dropped charges, but even a conviction can have lasting effects. Beyond the threat of a permanent criminal record and the ramifications that come along with it, those trying to reintegrate into society after a conviction face a 30% unemployment rate.
Each case is unique, and the right defense depends on the specific circumstances involved. At the Law Office of Amy L. Bingham, our team can help determine which strategies might apply in your situation.
The Role of a Salem Burglary Lawyer
Being charged with burglary is serious, and can leave you wondering what steps you should take next. Fortunately, you don’t have to go through it alone. A skilled Salem burglary lawyer plays a critical role when it comes to protecting your rights, guiding you through the legal process, and working to achieve the most favorable outcome.
From the moment charges are filed, having experienced legal representation can make a real difference in how your case moves forward. At the Law Office of Amy L. Bingham, we offer:
- Case analysis. We review police reports, witness statements, and any available surveillance or forensic evidence.
- Motion practice. If your rights were violated during the investigation, we seek to suppress that evidence before trial.
- Negotiation. In some cases, it’s possible to reduce charges or explore alternative resolutions like diversion or probation.
- Trial preparation. If your case proceeds to trial, we will thoroughly prepare to challenge the prosecution’s case point by point.
With the help of a knowledgeable, local defense lawyer, you can navigate each step with confidence. The Law Office of Amy L. Bingham has first-hand experience with the judges, prosecutors, and court staff at the Marion County Courthouse. This local insight helps us anticipate how these cases are handled and gives your defense a practical edge.
With careful case analysis and a strong defense strategy, we work to defend your future and protect what matters most.
FAQs
Q: Is It Still Burglary if the Door Was Unlocked?
A: Yes, it’s still burglary even if the door was unlocked, as burglary doesn’t require forced entry. Under Oregon law, entering an unlocked home, business, or structure with the intent to commit a crime inside still qualifies as burglary. The key element is unlawful entry combined with criminal intent, not whether the door was locked or broken into. Even walking through an open door can result in a serious charge.
Q: How Does Oregon Define “Dwelling” In Burglary Cases?
A: In Oregon, a “dwelling” is defined as a structure where someone lives or is meant to live. This can include houses, apartments, mobile homes, or even temporary residences like trailers. If the building is considered a dwelling, a burglary charge can be elevated to first-degree burglary, which carries more severe penalties.
Q: What’s The Difference Between Burglary and Trespassing in Oregon?
A: The difference between burglary and trespassing lies in intent. Trespassing involves unlawfully entering or staying on a property without permission, but without intending to commit a crime inside. Burglary, on the other hand, requires proof that you entered the building intending to commit another crime — like theft or assault. Burglary is a felony, while trespassing is generally charged as a misdemeanor.
Facing Burglary Charges? Let’s Talk.
At the Law Office of Amy L. Bingham, we offer clear, straightforward guidance and take the time to understand your side of the story. We can explain what to expect, review your legal options, and help you make informed decisions at every step. Whether it’s negotiating with the prosecution or preparing for trial, we’re here to stand with you.
Don’t wait to get the help you need.
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