Burglary originally was defined as the “unlawful breaking and entering into the dwelling house of another in the nighttime, with the intent to commit a felony therin.” Breaking into someone’s house during the day was not a burglary, nor was it a burglary to break into a commercial building, a barn, or an unattached garage. Today burglary is usually defined as entering a structure at any time with the intent to commit any felony or misdemeanor larceny. (Breaking into a car or other motor vehicle in order to steal something inside is auto burglary.)
If you have been arrested for a crime contact Sacramento criminal lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.
While we usually think of burglary as stealing money or property from a house or business, it is also burglary to enter a structure to commit a murder, rape, arson, or any other felony. The crime of burglary is complete when the felon enters the structure, regardless of whether the intended felony is accomplished.
Suppose, for example, that Sam decides to break into a house to steal the jewelry and cash. He pries open a window and crawls through, but when a large barking dog confronts him, he hurriedly leaves without taking anything. Sam is still guilty of burglary, since he entered the house intending to commit a felony (grand larceny).
If you have been arrested for a crime contact Sacramento criminal attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.
Suppose Phil, a homeless man, breaks into a house seeking shelter from a storm, and once inside decides to steal some money or property. Is that a burglary? No. When Phil entered the house, he did not intend to commit a felony inside. He decided to steal only after entering the house. He would, however, still be guilty of breaking and entering (using force to enter a house or other structure without permission), as well as larceny.
If you have been arrested for a crime contact a criminal lawyer in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.