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The Basics of a Burglary Case

Robert Stahle • January 13, 2020
A man is breaking into a garage door with a crowbar.

Burglary is a crime that is defined as the unlawful entry into almost any structure with the intent to commit any crime inside. The act of burglary is typically a statutory offense and is sometimes referred to as breaking and entering. It may or may not include robbery or vandalism. The penalties and sentencing for burglary depends on a variety of different factors including the type of property, the severity of the crime, and whether or not a weapon was possessed.

The team of defense attorneys at Fitch & Stahle Law Office is dedicated to providing legal advice for a range of personal needs, including burglary. Here are some things you should know about burglary charges.

The Elements of Burglary

Burglary is the uninvited and unlawful entry into another person’s property, cargo container, or any vehicle or vessel, with the intent to commit a crime inside. All of these three elements must be present in order for a person to be charged with burglary, so each one should be examined in greater detail.

Uninvited or Unauthorized Entry

The first element of burglary involves the actual breaking and entering into the structure. This can be through physical fore (picking a lock) or even through slight use of force (opening a door that was left ajar). It can also be through a method known as constructive breaking, which involves non-physical ways of gaining entry, including coercion or blackmail. Additionally, the entering of the property must occur without the consent of the person occupying the property.

Building or Occupied Structure

In order for entry to be classified as burglary, the structure must meet certain requirements. The building typically must be capable of housing people or animals, or sheltering property. Under this definition, houses, garages, sheds, stores, and office structures all qualify. Also, the building must be closed to the public during the time of entry, so if a person enters a store during normal operating hours and steals an item off the shelf, that is classified as shoplifting, not burglary.

Intent to Commit a Crime

Finally, the perpetrator must have the intent to commit a crime inside the structure. Typically, this crime is theft, but it can extend to other crimes as well.

Penalties for Burglary

Burglary charges can vary based upon a few different factors. One of the biggest factors is the intent under which the person committed the burglary and the amount and severity of the theft that took place. Burglary can be charged either as a felony or a misdemeanor. Misdemeanors are lesser crimes and can be punishable with a fine, probation, or jail time less than a year. On the other hand, a felony is a more serious charge, and jail time for felonies is typically over one year.

Sioux City, IA Defense Attorney

If you have been charged with burglary, the best course of action is to contact a defense attorney. Here at Fitch & Stahle Law Offices, our team of professional attorneys has extensive experience dealing with burglary charges as well as other felony and misdemeanor charges.

To learn more about burglary charges, contact us at (402) 494-3012 today.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.