Congratulations to Tyler Beach on a Burglary in the First-Degree Trial Win!

Mr. Beach’s client had committed some crimes.  That was not in dispute.  However, those crimes carry probation as the expected consequence for a conviction.  The prosecutor filed those charges against Mr. Beach’s client, but also filed a charge of Burglary 1.  This additional charge carried prison time if it resulted in a conviction.  Mr. Beach made a plea offer to the prosecutor that involved dismissing the Burglary and placing his client on probation.  The prosecutor insisted that Mr. Beach’s client be convicted of the Burglary and go to prison.  So, Mr. Beach went to trial.  The prosecutor argued at trial that Mr. Beach’s client committed Burglary by entering a property he should not have entered (trespass) while already holding stolen property – so, he committed the crime of Burglary (entering a place intending to steal) by entering while already having what he had already stolen.  Accordingly, the judge ruled that Mr. Beach was correct that no Burglary occurred – thus a Not Guilty ruling – and found him guilty of the crimes he had actually committed and placed Mr. Beach’s client on probation.