Burglary is defined as entering a building unlawfully with the intent to commit a crime. Different jurisdictions have varying levels of charges based on factors such as the presence of a weapon or harm to a person. The severity of the charges can increase if an innocent person is present or if the intended crime involves personal injury. Other factors that may affect the charges include the time of day and type of facility. Burglary is the most serious of the “burglary” crimes.
While the precise elements needed to convict someone of burglary may differ from one jurisdiction to another, most statutes define burglary as entering a building unlawfully, or without permission, with the intent to commit a crime. Many jurisdictions also have different levels of burglary charges. Some jurisdictions use number levels, such as “class 1 burglary” or “first degree burglary”, while others assign a letter to the charge, such as “A criminal burglary”. Typically, factors that distinguish more serious theft allegations from less serious ones include the presence and/or use of a weapon, and the presence of an innocent person, or harm to a person.
Burglary is generally the most serious of the “burglary” crimes. While a person may be charged with breaking and entering, or trespassing, for simply entering a building without permission, burglary charges usually require the additional element of intent to commit a separate crime while in the building or facility. For example, breaking into a building to sleep probably isn’t burglary, whereas breaking in to steal things from inside the house or building would be.
In most jurisdictions, the most serious burglary charges are brought in a situation where the perpetrator was armed and injured someone while committing the crime. Some burglary statutes also make a distinction based on the severity of injuries sustained by an innocent occupant or bystander. The mere presence of a firearm during the commission of a burglary may be sufficient to charge the defendant with the highest possible burglary charge.
Even the presence of one other person during the commission of a burglary is likely to be enough to charge the defendant more than the basic burglary charges. Understandably, most jurisdictions treat the commission of a felony when the risk to innocent bystanders increases as a more serious crime. Likewise, if the crime that the defendant intended to commit once inside the building or structure was that which involved personal injury, the charges can also be high. For example, entering a building with the intention of stealing may not be as serious as entering a building with the intention of committing rape.
Additional factors that may affect the level of burglary charges filed against a perpetrator may include the time of day the crime was committed and the type of facility it was placed in. Entering at night is often considered more serious. In many jurisdictions, burglarizing a home is considered a more serious crime than doing business due to the inherently private nature of a home and the increased chances of meeting the homeowner.
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