Burglary Law is a crucial area of criminal law. Of course, any time someone breaks into a home and steals something, the police will be called, and an arrest will be made.
However, in most jurisdictions, various levels of charge will apply based on the facts and circumstances of the case. The level of charge, which depends on the circumstances of the case, will be determined by the circumstances at the time of the alleged offense and the characteristics of the property or items stolen.
Burglary involves entering a building or a home without permission with the intent to commit a misdemeanor or felony. The act may also be referred to as a home invasion when people are home. Burglary is classified as a felony and can even require a mandatory minimum sentence, depending on certain factors, such as whether the premises involved is a home.
One of the unique aspects of burglary is the way the elements of the crime have evolved. Until now, burglary has been closely related to the crime of breaking and entering. To be convicted of burglary, an individual must have broken into another dwelling at nighttime with the intent to commit a larceny or felony therein.
While the element of intent remains, nearly every other requirement for a conviction has been altered or done away with. The elements of burglary now cover a wide range of conduct, and charges can come as a surprise to defendants unfamiliar with the offense's modern aspects.
Modern burglary statutes have significantly expanded the scope of the existing law. The core element of burglary under modern law is the breaking and entering of any structure to commit a felony or theft.
There is no longer a requirement that the crime occurs at night or be committed in a dwelling. What has not changed, however, is the critical element of the defendant's intent to commit a felony or theft when entering the structure.
The Right to Remain Silent is one of the most important and valuable rights granted to criminal suspects.
Unlike the search for "hot" goods in a store or the theft of a car at gun-point, the crime of burglary usually involves a stealthy entry and theft without confrontation, which makes it difficult for law enforcement to catch the culprits.
Without direct eyewitness testimony, police officers must rely on circumstantial evidence such as a bloody footprint or a missing laptop, much of which will probably never be recovered.
As a result, the police would like nothing more than for a burglary suspect to make incriminating statements. Thus, in response to questioning by police following an arrest for burglary (or even before charges are filed), defendants should immediately invoke their right to remain silent.
Many people are arrested for burglary, but they often think they can talk their way out of the situation. The truth is that answering questions will only worsen the situation, as it is easy to make mistakes under pressure. Ultimately innocent people can inadvertently confess to lesser crimes, such as criminal trespass. Again, the wisest course of action is to politely refuse to answer law enforcement questions and insist on speaking with an attorney.
It's essential to recognize defensive maneuvers, foster an environment where they're encouraged, and penalize habits that stand in the way of progress when necessary.
For the commission of burglary as it is for other crimes. For example, a defendant who has committed a burglary may claim that they acted under duress, in which case the best defense is often a challenge to the voluntariness or coercion of the act. However, due to the statutory requirements that the prosecution must prove to obtain a conviction, the best defense to burglary is often an attack on one or more of the elements the government must prove to obtain a conviction, including ones relating to the theft or felony being committed, the unauthorized entry into a structure, and the absence of consent to enter the structure.
Of all the elements of burglary, the intent required to enter and remain in a structure without authorization is the most susceptible to attack. The prosecution must prove that the defendant entered or remained in a facility intending to commit a theft or another felony. This rules out cases where the intent to commit a felony was not formed until after the theft had already occurred.
We Are the Burglars
The crime of possession of burglar's tools is often treated as a simple misdemeanor, punishable by up to a year in prison and a fine of $1,000. The crime consists of simply possessing the tools without intending to use them to commit a burglary and thus differs from the crime of burglary in that one need not have carried out a burglary to be convicted.
Burglary is a criminal offense involving entering or remaining in a dwelling, commercial, or industrial structure either secretly, openly, or committing an offense.
The maximum penalties vary depending on the nature of the dwelling or whether the building is a commercial or industrial structure. Penalties for burglary can escalate if the defendant possesses a firearm.
