Define the Law: Burglary Charges
Posted on Apr 2, 2014 4:19pm PDT
While a burglary charge may sound like it's interchangeable with a theft or robbery charge, these three types of offenses are actually distinct from one another, often in big ways. Burglary in particular is different, as no actual theft has to occur in order for someone to face this charge. Being charged with burglary means that you are being accused of breaking and entering. That on its own is a crime, regardless of whether or not any criminal offense was acted out once inside the structure. Keep reading to get a breakdown of what a burglary charge means.
We can take a look at each aspect in turn. Burglary is the breaking and entering without permission into a structure with the aim of committing a crime:
- Breaking: While of course this covers smashing windows and literally breaking down doors, someone can still be charged with burglary if all they had to do was push up on an unlocked window or apply pressure to an already open door.
- Entering: Obviously, this would include trespassing on someone else's property after having broken in, but you don't have to step fully inside the structure in order to satisfy this component of the charge. If you just reach your arm inside, for instance, that counts.
- Without Consent: This can be true even if you are not a stranger. For example, one man went down the chimney of his ex-wife's house (with a tire iron on his person), and he was charged with burglary.
- Structure: Homes are what often come to mind when thinking of burglary, but this term can apply to tents, caves, cars, outhouses, and more.
- In Order to Commit a Crime: While attempting theft certainly checks this one off the list, any attempt at committing a felony would count too. For example, if someone is accused of trying to start a fire after breaking and entering, they could face a burglary charge.
If you or someone you know faces a burglary charge, you need to act now. You need time on your side to craft the defense you need to evade lengthy prison sentences, hefty fines, a devastating criminal record, and more. Learn how you can fight against your charges when you call a criminal defense attorney from this directory today!
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