Ways To Argue For Mistaken Identity Following A Burglary Charge
by Becky Freeman
When it comes to building a defense after you've been charged with burglary, there are many different strategies that you can consider. Of course, you and your criminal defense attorney will want to evaluate the evidence against you, and it can be instrumental in helping you to choose what type of defense you'll argue. Don't discount the value of a simple defense — arguing that this was a case of mistaken identity. In other words, you were arrested and charged but you weren't remotely involved in the alleged burglary. Here are some details that can help you to build this defense.
Physical Description Inaccuracies
Your defense attorney will obtain a copy of the police report for the burglary and will take note of how any witnesses may have described the perpetrator. For example, a neighbor might have provided a statement to police that he or she "saw someone about 5'8" and 160 pounds climbing out of the victim's house and running down the street. If your measurements are significantly different than what a witness is reporting, this can be a strong point of your case. For example, if you're 6'2" and 200 pounds, it's unlikely that a witness — even in the dark — could confuse you for someone six inches shorter and 40 pounds lighter.
Lack Of Evidence From The Scene
It can be difficult to successfully defend a burglary charge if there is evidence that connects you to the scene — for example, blood on a broken window can be tested for DNA, while it's also difficult to explain why you might have stolen items from the victim's house in your possession. However, it's possible that these forms of evidence aren't present, and that can mean that you and your attorney may be able to successfully argue that there's nothing that can physically link you to the scene.
A Strong Alibi
When you're building a burglary defense around mistaken identity, another valuable step to take is to establish an alibi. You're already arguing that there's no way that you could've been the culprit, but having someone else support this claim will be instrumental. Your attorney will check the police report to determine the estimated time of the burglary. You can then work on establishing an alibi. For example, if you were at a restaurant with a friend, and have a receipt to prove it, you can argue that you weren't anywhere near the crime scene.
To learn more about criminal defense law, contact a lawyer in your area.
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About Me
Hello and welcome, I'm Winfred Paulo. I have a passion for civil court cases of all kinds. Some time back, I ended up in the thick of a civil case after a lengthy dispute with my neighbor. The dispute went on for years and ended badly with an incident that landed us both in court. We had to prove our side of the case in an effort to obtain a positive outcome and recoup our losses. Unfortunately, I lost the case due to a lack of evidence. Since then, I've maintain a strong interest in civil cases and their proceedings. I will share information about civil cases on this site to help others understand these proceedings better. I may talk about legal terms, and expected outcomes for each case type. I hope you visit often to learn more. Thanks for stopping by my website.