What can make a conviction for burglary difficult?

A conviction for burglary often hinges on establishing the intent to commit a crime while unlawfully entering a structure. When a building is abandoned, it can present challenges to securing a conviction for burglary. Abandonment of a property raises questions about whether the property is subject to burglary laws since the essential element of unlawful entry typically requires the property to be owned and occupied by someone who is maintaining control over it.

In abandoned buildings, there may be ambiguity regarding the rights of access, as no person is actively residing in or overseeing the property. This uncertainty can create reasonable doubt about the defendant's intent or the unlawful nature of the entry, as one might argue that there's no one to commit an offense against. Thus, proving that a burglary occurred in an abandoned structure becomes more complex and difficult in a court of law.