Burglary is a type of theft. It can be burglary of a vehicle, burglary of a building, or burglary of a habitation. Generally, burglary of a vehicle is entering a vehicle with the intent to commit theft or a felony. Burglary of a building or a habitation is similar, except it also includes entering or staying concealed with the intent to commit an assault.
Burglary of a vehicle is a Class A misdemeanor, punishable up to 365 days in jail and up to a $4000 fine. Burglary of a building is a State Jail Felony, punishable from 180 days to 2 years in a state jail facility and a possible fine of $10,000. Burglary of a habitation is a 2nd degree felony punishable from 2 years to 20 years and an optional fine of $10,000.
A habitation is different from a building in that it is a place that is adapted for overnight accommodation. Generally, that will be a house, apartment, mobile home, etc. The penalty range is much greater because one is usually charged with breaking into a place where people actually live.
All of these crimes can be enhanced if there are priors.
Many of these cases depend on forensic evidence such as fingerprints, DNA testing, or video surveillance. Mr. Sain has had several burglary of habitation cases that were based solely on DNA evidence left at the scene that later was matched with a person in the state DNA database.
It is imperative that a criminal defense attorney have years of experience and know how to attack this evidence. That he has an in-depth understanding of what the evidence shows or more importantly what it fails to show. Mr. Sain has spent many hours in the courtroom questioning forensic scientists and police officers on the use of forensic evidence. Not only does he have the experience necessary to attack the evidence that was collected, his in-depth knowledge allows him to attack the State's case on what they should have collected but failed to do so. He also has the resources of experts to help fight the "scientific" evidence the state purports to have.