Burglary Defense Lawyer in Wisconsin
Charged with Burglary under Wis. Stat. § 943.10? Contact Chirafisi Anderson, S.C. for a free and confidential consultation.
What the Law Says About Burglary in Wisconsin
Wisconsin’s burglary statute, Wis. Stat. § 943.10, applies when a person intentionally enters a building or other listed structure without the consent of the lawful possessor and with intent to steal or commit a felony. The law covers a wide range of places—buildings, dwellings, enclosed railroad cars, locked cargo areas of trucks or trailers, vessels, motor homes, and rooms within those areas—so prosecutors often apply the statute broadly.
An actual theft does not need to occur for a burglary charge to be filed. Prosecutors may attempt to prove intent through circumstantial evidence, such as the time of entry, method of access, location, or conduct before or after entering. Wisconsin law also recognizes non-traditional burglary theories, including situations where a person initially enters lawfully but remains in a place they are not authorized to be. Issues involving consent and intent are often the most heavily litigated aspects of burglary cases.
Chirafisi Anderson, S.C. represents individuals charged with burglary and property crimes throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We regularly defend clients accused of burglary in a wide range of factual scenarios, from alleged after-hours entries and consent disputes to cases involving circumstantial proof of intent or disputed aggravating factors.
What the State Must Prove to Convict on Burglary
To convict a person of burglary in Wisconsin, the State must prove each required element beyond a reasonable doubt, as set forth in the applicable Wisconsin Jury Instructions. Regardless of the theory alleged, the State must first establish the following elements:
- Intentional Entry: The defendant intentionally entered a building or other qualifying structure.
- Without Consent: The entry was without the consent of the person in lawful possession.
- Knowledge of Non-Consent: The defendant knew the entry was without consent.
Required Intent at the Time of Entry
In addition to the elements above, the State must prove a specific criminal intent that existed at the time of entry. The required intent depends on how the charge is brought:
If the State alleges intent to steal – Wisconsin Jury Instruction – 1421:
- The defendant entered with the intent to steal — meaning the intent to take and carry away property of another without consent and to permanently deprive the owner.
If the State alleges intent to commit a felony – Wisconsin Jury Instruction 1424:
- The State must prove the defendant entered with the intent to commit a felony inside the building (the specific felony must be identified and proved).
If the State cannot prove that the required intent existed at the moment of entry, a burglary conviction cannot be sustained—even if questionable conduct occurred afterward.
Related Charge: Possession of Burglarious Tools — Wis. Stat. § 943.12
Wisconsin also criminalizes possession of tools intended or adapted for breaking into a building or depository. Under § 943.12, it is a Class I felony to possess any device designed for unlawful entry if the person intends to use it to commit a burglary. Courts infer intent based on the surrounding circumstances, such as the time of day, location, statements made, possession of crowbars or pry tools, gloves, or homemade keys. This charge is frequently filed alongside burglary, and Wisconsin law allows convictions for both offenses arising from the same incident.
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Penalties and Sentencing for Burglary in Wisconsin
Burglary is always a felony in Wisconsin. The severity of the charge and potential penalties depend on whether the State alleges aggravating factors under Wis. Stat. § 943.10(2).
Burglary Penalty Classifications
|
Circumstance |
Classification |
Penalty |
|---|---|---|
|
Burglary under § 943.10(1m) (no aggravator) |
Class F Felony |
Up to 12.5 years imprisonment (7.5 years IC + 5 years ES) and up to $25,000 fine |
|
Armed burglary (§ 943.10(2)(a)) |
Class E Felony |
Up to 15 years imprisonment (10 years IC + 5 years ES) and up to $50,000 fine |
|
Opens depository with explosives (§ 943.10(2)(c)) |
Class E Felony |
Up to 15 years imprisonment (10 years IC + 5 years ES) and up to $50,000 fine |
|
Battery committed inside (§ 943.10(2)(d)) |
Class E Felony |
Up to 15 years imprisonment (10 years IC + 5 years ES) and up to $50,000 fine |
|
Victim present in dwelling, boat, or motor home (§ 943.10(2)(e)) online |
Class E Felony |
Up to 15 years imprisonment (10 years IC + 5 years ES) and up to $50,000 fine |
Sentencing Considerations
Judges consider a wide range of factors when imposing sentence, including the nature of the entry, whether force or tools were used, the defendant’s criminal history, restitution issues, and whether another person was present during the alleged incident. Although probation may be available in some cases, burglary convictions often carry substantial prison exposure, particularly when aggravating factors are alleged.
Early defense involvement is critical to challenging intent, consent, identity, and the factual basis for any claimed aggravators before sentencing exposure escalates.
Common Scenarios in Wisconsin Burglary Cases
Burglary charges in Wisconsin arise in a wide range of factual situations and are often driven by assumptions about intent rather than direct evidence. Common scenarios include:
- Entering a business or home after hours
- Entering with consent but remaining in unauthorized areas
- Using a key or code after employment has ended
- Allegations arising from misunderstandings or mistaken identity
- Entering buildings for shelter or refuge, not theft
- Entering garages, storage units, sheds, or outbuildings
- Possession of tools leading to burglary assumptions
- Disputes over whether intent existed before entry
These scenarios illustrate why burglary cases frequently turn on context, timing, and disputed assumptions, rather than clear proof of criminal intent.
Defenses and Legal Strategies for Burglary Charges
Burglary cases often hinge on intent, consent, and circumstantial evidence, making early factual and legal analysis critical. Because the State must prove that the required intent existed at the time of entry, effective defenses frequently focus on when – and whether – that intent was actually formed.
Common defense strategies in burglary cases include:
Why Hiring a Burglary Defense Lawyer Matters
Burglary cases often turn on intent, consent, and circumstantial evidence—issues that require meticulous analysis and early investigation. These cases carry severe felony consequences, especially when aggravating factors are alleged, and prosecutors rely heavily on assumptions about conduct rather than clear proof. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights, and we understand how prosecutors across Southern Wisconsin.
View some of the results the attorneys at Chirafisi Anderson, S.C. have obtained in felony cases across Southern and Central Wisconsin: Criminal Defense Case Results
Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with burglary, early involvement of counsel can dramatically influence the outcome. Contact us today for a free consultation.