Burglary

PUT AN EXPERIENCED DEFENSE TEAM BETWEEN YOU AND YOUR CHARGES

Burglary Attorney in Omaha

Felony Defense Backed by a Full Trial Team

A burglary charge in Nebraska is a Class IIA felony carrying up to 20 years in state prison. That exposure demands more than a single attorney reviewing a file. At McGoughLaw P.C. L.L.O., your case is built by a team from day one. Multiple attorneys and non-attorneys contribute strategy, investigation, and trial preparation collectively. With over 22 years of criminal defense experience in Omaha, we don’t just prepare to negotiate. We prepare for trial, and Douglas County prosecutors know it.

That trial readiness is a practical asset. When a firm is known to go to court, the prosecution approaches every case differently. That’s the position we negotiate from.

If you’re facing a burglary charge, contact McGoughLaw P.C. L.L.O. now for a free consultation. We offer flexible appointment times and after-hours emergency availability. Call (402) 614-8655.

What a Burglary Charge Means in Omaha

Under Nebraska Revised Statutes Section 28-507, burglary is the willful, malicious, and forcible breaking and entering of any real estate or improvements with intent to commit a felony or steal property of any value. The crime is complete at the moment of entry with the required intent. No theft, no completed act: intent alone at the threshold is enough. Under Nebraska case law, opening a closed door is sufficient to satisfy the “breaking” element; minimal force triggers the statute.

Omaha burglary cases are filed and prosecuted at the Douglas County Courthouse. Because the statute carries no mandatory minimum sentence, the actual outcome depends heavily on case facts, mitigating circumstances, and the quality of the defense. Probation is a possible outcome. So is significant prison time. Early representation can shape which direction a case moves.

Why Omaha Clients Choose McGoughLaw P.C. L.L.O. for Burglary Defense

Our team model means your case doesn’t live inside one attorney’s head. Both attorneys and non-attorneys contribute to case preparation, bringing perspectives that help us anticipate how judges and juries will respond to the evidence. We investigate every aspect of a client’s situation thoroughly because identifying every viable defense early gives us the most leverage, in negotiations and at trial.

Trial-Ready from Day One: We prepare every case as though it will go to trial. That discipline shapes the quality of investigation, motions, and strategy throughout representation.
Negotiating Strength: Our reputation as a firm that goes to court influences how prosecutors engage with our cases from the first contact.
Thorough Investigation: We examine all aspects of the evidence, including surveillance footage, witness accounts, and the circumstances of the alleged entry.
Dual Licensure: Our attorneys are licensed in both Nebraska and Iowa.
Association Membership: We hold membership in the National Association of Criminal Defense Lawyers and the Nebraska Criminal Defense Attorneys Association.

Steps to Take After a Burglary Arrest in Omaha

The decisions made in the hours after an arrest or investigation contact can limit or expand your defense options. Don’t discuss the case with anyone except your defense attorney, not friends, not family, not investigators. Anything said to law enforcement before speaking with counsel can surface at trial. Contacting a burglary attorney before speaking with investigators protects your right against self-incrimination.

Preserve any documentation, communications, or physical evidence connected to the incident. Surveillance footage in particular can be overwritten or deleted quickly; early attorney involvement allows us to act to preserve it. Attend all scheduled appearances at the Douglas County Courthouse, and call us as soon as possible. We offer after-hours and emergency contact for clients who can’t wait until morning.

Start Your Defense Today

McGoughLaw P.C. L.L.O. has helped hundreds of individuals fight criminal charges and protect their freedom. A free consultation puts you in contact with a team that can start working on your case immediately, identify available defenses, and prepare to take your case to trial if that’s what it takes. Flexible appointment times and after-hours availability mean you don’t have to wait.

Call (402) 614-8655 to speak with a burglary attorney in Omaha today.

Nebraska Burglary Law: Elements, Sentencing & Defense Strategies

What the Prosecution Must Prove

To secure a burglary conviction under Neb. Rev. Stat. Section 28-507, the prosecution must establish every element beyond a reasonable doubt: that the defendant willfully and maliciously broke and forcibly entered real estate or improvements, and that at the moment of entry, the defendant intended to commit a felony or steal property of any value. Each element is a potential point of attack.

Intent must exist at the moment of entry. A person who enters a building lawfully and forms criminal intent only afterward may face theft charges, but likely not burglary under Nebraska law. That distinction matters enormously at sentencing. “Breaking” requires both physical force, however slight, and the removal of an obstruction. Opening a closed screen door satisfies this element under Nebraska case law, which means the threshold for triggering the statute is low.

Sentencing Factors for a Class IIA Felony

Because Nebraska’s Class IIA felony carries no mandatory minimum sentence, the actual prison term, or whether incarceration results at all, depends on the facts presented at sentencing. Mitigating factors including age, lack of a prior criminal record, educational background, and motive can meaningfully reduce what a judge imposes. Probation is available.

Aggravating factors cut the other way. Causing injury, brandishing a weapon, threatening bodily harm, or targeting a victim who is elderly, disabled, or pregnant may increase a sentence. Convictions involving victims in a protected class under Nebraska law can trigger enhanced penalties. When a burglary arrest includes associated charges, a judge may run sentences consecutively rather than concurrently, substantially increasing total prison exposure.

Defense Strategies in Nebraska Burglary Cases

No two burglary cases turn on the same facts, and the strongest defense depends on what the evidence actually shows. Several recognized strategies apply in Nebraska courts.

Challenging the Elements: If the prosecution can’t prove every element beyond a reasonable doubt, the charge fails. We examine each element for weaknesses.
Alibi Evidence: Placing the defendant elsewhere at the time of the alleged entry can defeat the charge entirely.
Identity Challenges: Eyewitness accounts, fingerprint evidence, and DNA can each be contested. Identification errors are more common than they appear in the record.
Lack of Criminal Intent (Mens Rea): Demonstrating that the defendant didn’t intend to commit a felony or steal at the moment of entry is a recognized defense under Nebraska law.
Claim of Right: A good-faith belief that the defendant had a right to be on the property, or owned it, can negate the willful and malicious elements.
Suppression of Evidence: Unlawful searches or seizures by law enforcement may result in key evidence being excluded from trial.

Associated Charges & Collateral Consequences

A burglary arrest in Omaha frequently brings additional charges: possession of burglar’s tools, theft, criminal mischief, aggravated assault, and in serious cases, kidnapping or domestic assault. Each added charge increases sentencing exposure, particularly if a judge runs them consecutively.

The consequences of a felony burglary conviction extend well beyond the prison term. Employment background checks routinely flag felony convictions, and some fields, including those involving financial responsibility, security clearances, or professional licensing, may be effectively closed. Landlords in Nebraska routinely screen for felony records. A conviction results in the permanent loss of the right to possess a firearm under federal law. Non-citizens should be aware that a felony conviction may affect immigration status, and professional licenses in fields such as nursing, teaching, and finance can be suspended or revoked. These consequences follow a conviction into the public record indefinitely. That’s why fighting the charge from the start matters.

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