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Burglary - Criminal Law

Property Crimes - Burglary

If you would like to be referred to Burglary Lawyer contact Attorney Search Network for a Lawyer Referral.

Burglary is a crime against property. Burglary often involves physical danger to the victim, and so may be classified separately from other property crimes.

The common definition of burglary is breaking and entering the dwelling house of another with the intent to commit a felony therein. The requirement of breaking is satisfied by the unwelcome entering with intent to commit a felony. This includes entering by forcing open a locked door or window, by opening a closed but unlocked door or window, or even by opening wider a partly closed door or window to obtain entry. Entering is satisfied by a person's passing entirely through the door, window, or other opening by putting any portion of the body through or even by extending a device or item through the opening for the purpose of committing a criminal felony.

A dwelling house includes outbuildings in the area surrounding a house. To be the subject of burglary, the structure must be the dwelling of someone other than the accused person. The intended felony is most often grand larceny or grand theft, but it may be murder, rape, arson, or other felonies. It can be considered burglary, if a person has intends to steal whatever can be found, even if in fact there is nothing of value in the dwelling. A person can be charged and convicted of burglary even if arrested before he or she can commit the felony, as burglary is complete upon breaking and entering with intent.

Modern statutes have enlarged the scope of the common law definition of burglary in various ways. They sometimes eliminate the requirement of a breaking, so that an entry without a breaking may still constitute burglary. Some statutes consider gaining entry by means of fraud, threat, or intimidation to be constructive breaking. Modern statutes also typically provide that breaking into other secured spaces constitutes burglary. . Originally burglary statutes required that the breaking and entering occur at night. Over time this has been expanded to include all hours of the dad. Some statutes provide that a person commits burglary if he or she has an intention to commit a misdemeanor, yet attempts theft or larceny in felony classification upon breaking and entering.

If you are charged with buglary contact Attorney Search Network for a pre-screened lawyer referral. Attorney Search Network is a Lawyer Referral Service certified by the State Bar of California and approved by the American Bar Association.

If you have any questions about the information provided above, contact Attorney Search Network for a Criminal Defense Lawyer Referral in your local area.