The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.
n. the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a burglary is not necessarily for theft. It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. Originally under English common law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle.
- The crime of unlawfully breaking into a vehicle, house, store, or other enclosure with the intent to steal.
- Under the common law, breaking and entering of the dwelling of another at night with the intent to commit a felony.
- Under the Model Penal Code, entering a building or occupied structure with the purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Model Penal Code § 221.1.
Burglary is a criminal offense that involves the unlawful entry into a building or structure with the intent to commit a theft or other felony. It is typically classified as a felony and can result in significant fines and imprisonment. The severity of the offense and the potential penalties depend on the specific circumstances of the crime, including the value of the stolen property and whether the offender used force or violence to gain entry. Victims of burglary may be entitled to compensation for their losses through civil lawsuits or restitution orders.
Burglary is defined as the unlawful entry into a building or structure with the intent to commit a crime, typically theft or assault.
Burglary is generally classified into different degrees based on the severity of the offense. Degrees can vary by jurisdiction, but commonly include first, second, and third-degree burglary.
The punishment for burglary varies depending on the degree of the offense and the specific circumstances. It can range from fines and probation to imprisonment, with longer sentences for higher degrees of burglary.
Burglary charges can be dropped if there is insufficient evidence to prove the defendant’s guilt or if the prosecution decides to dismiss the case. However, this decision is ultimately up to the prosecutor and the court.
Yes, burglary charges can still be filed even if no theft occurred. The act of unlawfully entering a building with the intent to commit a crime, regardless of whether the crime was completed, is sufficient for a burglary charge.
If you initially entered a building with permission but later committed a crime, you may still be charged with burglary. The key factor is whether you had the intent to commit a crime at the time of entry.
Yes, you have the right to defend yourself against a burglary charge. Common defences include lack of intent, mistaken identity, or proving that you had permission to enter the building.
Entering an abandoned building without permission can still result in burglary charges if you had the intent to commit a crime inside. The fact that the building is abandoned does not negate the unlawful entry.
Yes, burglary charges can still be filed even if you did not physically break into the building. Unlawful entry through an open door or window, or using a key without permission, can still constitute burglary.
If you entered a building without permission but did not commit a crime, you may still be charged with burglary. The act of unlawfully entering with the intent to commit a crime is sufficient for a burglary charge, regardless of whether the crime was actually carried out.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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