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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.

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Injured in a Car Accident in Nebraska or Iowa?

By Robert Stahle • October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.