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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.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.