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Back to Criminal Defense Attorneys Home | Burglary

Burglary

Breaking and Entering

Burglary is related to theft. It usually involves the invasion of a persons private property, resulting in items being stolen. Burglary is typically categorized as a felony. It is often times associated with trespassing, breaking and entering, unlawful entry, and vandalism. In most instances, the person committing the crime intends to steal personal property. However, a person may still be charged with burglary even if they have not stolen anything.

The legal ramifications surrounding a burglary offense vary from state to state. With over 51 jurisdictions, definitions of burglary tend to fluctuate. Many states treat burglary as a more serious offense if it occurs at night. For example, if trespassing occurs during the night time hours, the criminal action is considered burglary in the first degree. If it occurs during the day time hours, it is considered burglary in the second degree, a lesser offense. Some state laws will even consider building type when examining burglary charges. Residential burglary is considered a more serious crime than commercial burglary in those instances.

Burglary is separate from robbery in that robbery is the crime of seizing personal property through the means of violence and/or intimidation.

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