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Health & Fitness

Breaking And Entering Is A Serious Offense

Ever wonder what exactly was considered Breaking and Entering? It might surprise you to find out.

The crime of breaking and entering is also known as burglary. There are differences between states in the US, as well as countries, on exactly what constitutes the crime of breaking and entering. In the US, this crime involves entering any type of building without authorization for the purpose of committing any other crime.
A person who commits breaking and entering does not have to actually break anything. It is not necessary that a window be broken or a door pried open. If a person enters a building without permission by simply opening an unlocked door and going inside, the crime of breaking and entering has been committed. 
Similarly, the entry does not have to be attained by any kind of physical force. Knocking on someone’s door and making threats or false statements that lead to entry are still considered breaking and entering. No further crime needs to be committed once the person has unlawfully entered the building, although if there is no further crime, the breaking and entering charge will most likely be considered to be less serious.
In most states in the US, breaking and entering is committed no matter what type of building is entered. The building can be a house, shed, garage, business, or even an automobile or railroad car. In some states, entering a building at night is considered breaking and entering and doing so during the day is called housebreaking.
Remaining inside a building without authorization is also considered breaking and entering. If a person hides inside a store or residence without authorization, this is still a burglary crime. In some states, such as California, entering or remaining inside a personal residence is considered a more serious offense than doing so in a commercial building.
In most cases, breaking and entering precedes another crime like property theft. Other crimes, such as identity theft, vandalism, rape or murder may also be coupled with a breaking and entering charge. Breaking and entering is considered a separate charge from any crime that follows. The severity of the ensuing crime will often be more serious if it is preceded by breaking and entering.
Breaking and entering can be prosecuted as either a felony or misdemeanor. The jurisdiction where the crime occurs, the type of building entered and other crimes that are associated with the entry will determine whether it is charged at the misdemeanor or felony level.
A misdemeanor is a less serious offense that may result in up to a year in a county jail, a fine, probation or a combination of these punishments. A felony is punishable by sentencing to a state or federal prison, as well as fines and probation. Restitution to the victim of the crime may be ordered in either case. When a person has been convicted of two previous felonies, a third felony can result in even more stringent punishment.
Breaking and entering is a serious crime. If the burglary is coupled with other crimes, it is an even more serious offense. A person who has been charged with this crime should seek legal advice from an attorney.

 

The above information was provided by The Law Offices of Elliot Savitz. His website is ElliotSavitzLaw.com. Elliot Savitz currently works and resides in Dedham. 

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