Specific Considerations of Burglary You Must Know

Burglary is an inchoate crime in which the perpetrator gains illegal access to a structure with the intent of committing some other crime. In the absence of that added offense, perpetrators would likely be charged with trespass. Many times, individuals break and enter in preparation for another crime. In some cases, those offenses are crimes against property. Theft would be considered a crime against property. However, breaking and entering does not have to include theft to fall into that specific category of crimes. There are other crimes against property that occur with breaking and entering. Many times, perpetrators are charged with destruction of property. This is a common problem on new construction sights. Often, young people hold parties at such sights simply because they have nowhere else to go. Although no theft was involved, that crime would still qualify as breaking and entering because the kids did not have permission to be there. In fact, burglary can lead to many crimes against a person, such as assault or murder. In some cases, perpetrators do not expect to be confronted by anyone during the commission of the crime. In that case, the individual may attack simply to protect themselves from being arrested. However, that would still qualify as felony murder because the death was a result the perpetrator taking part in a felony crime. No Theft Required In order for a crime to qualify as breaking and entering, several elements must be present. Burglary involves a perpetrator gaining access to a structure without permission. The perpetrator does not necessarily have to use force to gain access. An open building can be accessed simply by opening a door or window. Many people mistakenly believe that breaking and entering must involve an individual breaking a window or door to gain access. This is not true. The only requirement is that the perpetrator enter the structure in the absence of permission. That structure can be a home, business, boat, or other structures where individuals may reside. In addition, perpetrators must gain access while having the intent to commit another crime. In general, that crime is theft. However, there are many other reasons that a perpetrator would wish to gain access to a structure. For example, they may gain access in order to become familiar with a security system so that they can go back at a later date and acquire desired goods. In that case, the first crime does not include theft. In addition, individuals can commit other crimes against property, such as destroying belongings or burning a building down. In many cases, breaking and entering involves crimes against a person. Those crimes can include assault, sexual assault, murder, and kidnapping. In all of those cases, the perpetrator is likely to face much more serious charges than those perpetrators that commit theft. Element of Other Crimes Breaking and entering is often utilized by criminals to prepare for another crime. For example, a perpetrator may break into an office building to look at an executive's appointment book and calendar. While the perpetrator may look at the book, he or she does not actually take anything. The perpetrator is trying to gain access to an executive's schedule because this person has been hired to kill the owner. Like many other cases, breaking and entering is being utilized to commit another, more serious crime. In fact, burglary is used as a tool in many other crimes, with varying degrees of seriousness. In that same case, the perpetrator may also use the information to find an appropriate place and time to kidnap the executive. Conversely, that same crime may have involved the perpetrator gaining access to information that would be helpful in stealing the executive’s identity. In reality, the crime of breaking and entering has the possibility if leading to many other types of crimes. That is why burglary is often treated as a felony. Varying State Specifications Each State has differing definitions of burglary and varying degrees of sentences imposed for such crimes. In fact, there are many factors utilized to make such determinations. First, there is the seriousness of the crime that is committed in concurrence with breaking and entering. A perpetrator that steals items is likely to be treated much less harshly than a person that commits arson. Time of day is often a factor in making legal determinations about a crime. Burglaries committed at night are more likely to be punished very harshly. There are several reasons for this. First, homeowners and their families are more likely to be home at night. Secondly, crimes committed at night tend to instill more fear in the general public. Whatever the reason, most states punish nighttime burglars more harshly than they do burglaries that take place during the day. However, each State can utilize individual discretion for making such decisions.