3 Things That Constitute a Burglary in a Court of Law for a Solid Case
When you think of theft, the common notion is a burglar in some black outfit intruding in a person’s house in the dead of night. Though it is a case of burglary no doubt, the legal premise applies to a broad range of incidents. Though state laws may differ in the way they classify thefts or burglaries, it is a criminal offense no doubt, and come with severe penalties if one is guilty.
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According to an article published on https://www.forbes.com, data by the US Department of Justice indicates that more than two million homes burgled by criminals every year in the country.
In this article, we are going to discuss the three things constituting a burglary in a court of law:
1. Intruding a building or any structure
Usually, burglary laws were applicable when an individual entered another man’s house. These days, the law forbids any person intruding any building or structure, and not simply limited to a house or dwelling. It could be school buildings, stores, tents, houseboats, and even camping grounds illegally.
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There are a couple of states differentiating between theft in a commercial setup and that in a residential premise. However, punishment in the case of a residential theft is harsher. When it comes to home burglary, the building should be a house, an apartment, or any kind of structure where people live.
2. Using force to intrude a property
Burglary in certain states means using force to invade into a building. Although the term indicates breaking a home window or damaging a lock, any form of illegal intrusion, irrespective of how trivial it is, these are cases constituting a burglary case in a court of law. Attorneys for Burglary Cases in Long Island will help you punish an offender or group of burglars forcefully invading your home or apartment. Here is the location:
In some cases though, a few states eliminated the need that a defendant breaks in. Even a person sauntering into a store to steal or lift items is burglary and punishable by law.
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3. The intention to steal or do felony
A legal professional to convict an individual of theft or burglary should prove that the person illegally intruding a house or building with an intent to steal valuables, commit theft, or felony.
There is no burglary if one enters a structure without any intention to steal. Then, a guest enters a BBQ with no wicked intent to steal but some time later plans to walk off with cash found on the counter. In this example, the guest did commit theft bit this is not a case of burglary.
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Fines or penalties
When it comes to burglary convictions, the penalties differ from one state to the other. These include jail or prison time, fines, restitution sentence, and probation sentence. Punishment for burglary may mean a year’s imprisonment in a state jail. Fines may go up to $100,000 or more. Misdemeanor penalties are less than $1,000.
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Conclusion
Burglary with intent to steal or rob is a serious offense. Therefore, if you are facing charges, you should get in touch with an attorney for burglary to represent your case.