Burglary is a crime where someone enters a place illegally with the intention of committing a wrongful act. The prosecution must prove illegal entry and premeditation. The definition and elements of the crime vary by jurisdiction.
Burglary is a common law crime. The modern definition has changed in many jurisdictions, however, the essence of the crime remains virtually the same. The wording used to define this offense can vary, but generally speaking, a burglary charge is a charge that someone entered a place illegally with the intention of committing a wrongful act. This offense is usually classified as a felony.
A charge of breaking and entering and burglary usually refers to the same crime. To be convicted of a burglary charge, there are at least two things the prosecution generally has to prove. First, it must be proved that the accused entered the place where the alleged crime took place unlawfully. It should be understood that there is a difference between illegal entry and not informing others before entering. Even if a person climbs through a window in the middle of the night, if he is authorized to stay where he is, one element of the burglary charge cannot be satisfied.
The second element that the prosecution must prove is premeditation. In many jurisdictions, a person can only be convicted of a burglary charge if he or she had intent to commit the crime before entering the location where the crime occurred. If a person enters a place for a valid reason, then decides to commit a crime, he generally will not be guilty of burglary.
A good example is a man who breaks into a shed on a cold night because his car has broken down and then discovers valuable tools and steals them. This person entered the shed illegally but initially had no intention of committing a crime. Since the idea to steal came after he entered the shed, in most cases, he is not guilty of burglary. The intention to commit a crime before entering a place can be demonstrated in various ways, including by the confessions of accomplices or by the presence of special items needed to commit the crime.
One factor in a burglary charge that can vary in different jurisdictions is whether or not the crime that is committed after a person enters a location is defined. In some jurisdictions, a successful burglary conviction may hinge on the theft. In other jurisdictions, the law may allow a person to be prosecuted if any type of crime is committed.
Another factor that varies regarding burglary charges is how a person enters a location. Some jurisdictions require the use of force. This means that if a person leaves the door open and a person enters and steals, he is not guilty of burglary. In other jurisdictions, it is not required that anything be broken or that a person use any kind of force to enter a place.
Protect your devices with Threat Protection by NordVPN
