Meaning of Legal Term Burglary
Some jurisdictions have a legal system under which the offence is divided into degrees. These types of laws often impose harsher penalties if the crime involves the use of force or weapons. Under such a law, third-degree burglary is committed by a person who illegally enters or stays in a building in order to commit a crime. If the same crime is committed with explosives or lethal weapons, or if it causes bodily harm to a person who is not involved in the crime, it is a first-degree burglary for which the penalty is heavier. In states that continue to punish burglaries more severely than dusk, night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise. In the United States, the FBI`s uniform crime reports classify burglary as a separate index crime from Part 1. The Commonwealth of Massachusetts uses the term “burglary” to refer to a nighttime burglary and entering a home with intent to commit a crime. Burglary is a crime punishable by a maximum penalty of twenty years; If the burglar enters with a dangerous weapon, he can be imprisoned for life. [42] Illegal access to a structure other than a dwelling is called “burglary and entry” and the penalties vary depending on the structure. [43] Under New York criminal law, burglary is always a felony, even in the third degree. [49] It is more serious if the perpetrator uses a seemingly dangerous weapon or enters an apartment.
[50] [51] Please also note that a defendant who enters an apartment without breaking and entering, but who breaks into a closed part of the apartment inside, may be convicted of burglary. However, the part of the building he enters must actually be part of the apartment. For example, please note that many jurisdictions today have simply abolished the complete termination requirement and allow a burglary conviction simply on the basis of entry with intent to commit a crime internally. Sir Edward Coke (1552-1634) explains at the beginning of chapter 14 of Part III of the Institutes of the Lawes of England (pub. 1644) that the word burglar (“or the person who commits a burglary”) is derived from the words burgh and laron, which mean house thieves. A note indicates that he relies on Brooke`s case for this definition. Most states and the Model Penal Code use the same basic definition of burglary, namely: As mentioned in this section, modern laws have changed burglary requirements in many ways. First, modern laws have abolished the requirement for a break. Second, modern laws now state that the defendant can be convicted of burglary for breaking into buildings other than apartments. Please note, however, that breaking and entering an apartment is considered an aggravating circumstance that will result in a higher penalty than breaking and entering a non-residential apartment. Third, modern laws no longer require burglary and entry to occur at night.
Again, however, a night burglary is often considered an aggravating circumstance that carries a higher penalty than a burglary committed during the day. Fourth, it is no longer necessary for the defendant to have intended to commit a crime at the time he broke into and entered the victim`s premises. Modern laws have expanded this requirement to include both crime and any other type of crime. If a defence against the crime or underlying crime is sufficiently established, there can be no conviction for burglary. For example, if a person accused of burglary is charged with theft and has a sufficient defence against the charge of theft, then there is no burglary. The timing of intent can be important in determining the degree of a burglary charge. For example, if a person intended to commit the crime in question before breaking into the building, most states will consider it a first-degree (more serious) burglary. If the person broke into a building and does not intend to commit a crime until later, most states will classify the burglary as second degree. Burglary and intentional offences, when committed, are treated as separate offences.
Burglary is a crime, even if the crime is a misdemeanor, and intent to commit the crime can occur when the building is “unlawfully entered or guarded,” broadening the common law definition. It has three degrees. Third degree burglary is the broadest and applies to any building or other premises. Second-degree burglary retains the common law element of a dwelling, and first-degree burglary requires the defendant to be in an apartment armed with a weapon or intent to cause injury. [39] A related offence, criminal trespassing, includes unlawful entry into buildings or premises without intent to commit a criminal offence and is an offence or, in the third degree, an offence. [40] Possession of burglary tools with intent to commit burglary or theft is an administrative offence. [41] Nglish: Translation of Burglary for Spanish Speakers If you`ve been charged with burglary or any other crime, don`t waste a moment before talking to an experienced lawyer who knows, fights for you, and helps you prepare your defense. Contact a qualified defence lawyer in your area today. The Australian and New Zealand Standard Classification of Offences (ANZSOC)[58] has a separate upper division (Division 07) for “Unlawful entry with intent/burglary, burglary and trespassing” The first element of burglary is breaking and entering a structure. Burglary can happen in two ways: real and constructive. The structure must also be closed to the public at the time of the burglary.
If a person enters a store during normal business hours and steals an item from the shelves, the person has shoplifted, not burglary.
