A burglary charge in Wisconsin is a felony-level offense that can follow you for the rest of your life. Whether you are facing an accusation involving a home, a business, or an attempted entry that never resulted in a completed theft, the consequences are significant enough that fighting the charge deserves serious consideration from the very beginning.
At Schiro Criminal Defense, our Milwaukee criminal defense attorney, John Schiro, delivers serious defense for clients facing cases like this. If you have been arrested or accused of burglary, you deserve counsel who will listen carefully to your situation and build a defense tailored to it. Call us at (414) 277-9696 today to start building your defense.
Understanding Burglary Charges in Wisconsin
Burglary in Wisconsin is treated as a distinct and more serious offense than simple theft, and understanding exactly what the law requires prosecutors to prove is the foundation of any effective defense.
What Qualifies as Burglary?
Under Wisconsin law, burglary generally involves intentionally entering a building or other covered structure without the consent of the person in lawful possession, with the intent to commit a felony (or to steal) once inside.
Notably, the prosecution does not need to prove that a theft or other crime was actually completed. The intent to commit a crime at the time of entry is enough to support a burglary charge, even if nothing was ultimately taken.
What's the Difference Between Burglary and Theft?
Theft and burglary are often confused, but they are legally distinct offenses. Theft, under Wisconsin Statute §943.20, involves intentionally taking property belonging to someone else without consent.
Burglary, by contrast, focuses on the unlawful entry itself, combined with the intent to steal or commit a felony once inside. Because the focus is on entry and intent rather than on taking property, a single incident can sometimes result in both burglary and theft charges being filed together.
Penalties for Burglary Convictions
In Wisconsin, standard burglary is a Class F felony, punishable by up to 12 years and 6 months in prison and fines of up to $25,000.
However, certain circumstances can elevate the charge to a Class E felony, increasing the maximum penalty to 15 years in prison and fines up to $50,000.
Wisconsin law treats burglary more severely and imposes harsher penalties when any of the following aggravating factors are present:
- Being armed with a dangerous weapon (or arming oneself with one during the burglary)
- Using an explosive to open a safe, vault, or other depository while inside the burglarized enclosure
- Committing battery (causing bodily harm) against someone lawfully present
- Burglarizing a dwelling, motor home, trailer, or boat with sleeping quarters while another person is present
When one or more of these factors apply, the charge typically becomes aggravated burglary, a Class E felony under Wis. Stat. § 943.10(2), carrying the higher sentencing range.
What Happens After a Burglary Arrest?
After a burglary arrest, the case moves through several stages of the Wisconsin criminal justice system, each of which can meaningfully affect the direction of your defense.
How Does a Burglary Case Proceed in Milwaukee?
A burglary case in Milwaukee typically moves through a defined sequence of court proceedings, beginning with an initial appearance and potentially ending in trial or a negotiated resolution. Because burglary is charged as a felony, the process includes several key stages that determine both your immediate freedom and the long-term trajectory of the case:
- Initial appearance and bail setting: The court advises you of the charges and your rights, then sets bail or other release conditions that govern your freedom while the case is pending.
- Preliminary hearing: A judge reviews the state’s evidence to determine whether probable cause supports the felony charge before the case can move forward.
- Arraignment and plea entry: After the state files formal charges, you enter a plea of guilty, not guilty, or no contest, which sets the stage for discovery and pretrial litigation.
- Discovery and pretrial motions: Your attorney obtains and reviews all evidence, then challenges anything improper or insufficient through motions to suppress, dismiss, or otherwise limit the state’s case.
- Plea negotiations or trial: Many cases resolve through negotiated plea agreements, though trial remains an option when the evidence supports a stronger defense or when the risks of a plea outweigh potential benefits.
Understanding how each stage works and what leverage exists at each point is essential to making informed decisions that protect your rights and limit both the immediate and long-term consequences of a burglary charge.
Do I Need a Lawyer for a Burglary Charge?
Given the felony-level penalties and long-term consequences tied to a burglary conviction, having an experienced attorney is strongly advisable. Burglary cases often hinge on specific, technical legal issues such as how intent is proven and whether evidence was properly obtained that are difficult to challenge effectively without legal training.
Can Burglary Charges Be Reduced or Dismissed?
Yes, in some cases. Charges may be reduced or dismissed when the evidence is insufficient to prove intent, when constitutional violations affect the admissibility of key evidence, or when negotiation with the prosecution identifies a more appropriate resolution given the specific facts and the defendant's history. Whether reduction or dismissal is realistic depends on the specific evidence, the facts of the incident, and your background.
Common Defense Strategies in Burglary Cases
Effective burglary defense depends on the specific facts and the evidence the prosecution intends to rely upon. Common defense strategies include:
- Challenging whether the prosecution can prove intent to commit a crime at the time of entry.
- Disputing the identification of the accused as the person involved.
- Challenging the admissibility of evidence obtained through an unlawful search or seizure.
- Demonstrating a good-faith belief that entry was authorized.
- Identifying procedural defects in how the investigation or charge was handled.
Evidence Commonly Used in Burglary Cases
Prosecutors typically rely on evidence including surveillance footage, forensic evidence such as fingerprints or DNA, witness statements, cell phone location data, and any items recovered from the scene or from the accused.
Each piece of evidence presents a potential opportunity for challenge, whether through questioning its reliability, how it was collected, or whether it actually supports the specific elements the prosecution must prove.
When Should I Hire a Burglary Lawyer?
The best time to hire a burglary lawyer is immediately after an arrest, or as soon as you learn you are under investigation. Early involvement allows your attorney to begin reviewing evidence, identifying weaknesses in the state's case, and protecting your rights before critical decisions are made that could affect the entire trajectory of your case.
Why Choose Our Milwaukee Burglary Defense Law Firm
At Schiro Criminal Defense, we take on cases others won't. Attorney John Schiro brings over 40 years of legal experience to burglary defense in Milwaukee, backed by strong relationships with local prosecutors and judges that give our clients a genuine advantage in pursuing favorable outcomes. That experience is paired with a compassionate approach, taking the time to actually listen to what matters to you before building a defense strategy around it.
We understand that a burglary charge can feel overwhelming and can threaten things that matter deeply to you. We fight with purpose and precision to protect your future. Our firm also offers a 24-hour answering service and provides discounts for veterans, because we know a legal crisis does not wait for business hours.
Contact Schiro Criminal Defense at (414) 277-9696 to speak with one of our Milwaukee burglary attorneys today.
