Burglary is defined as unlawfully entering a structure with the intent to commit another offense. For a person to commit a burglary, the entry must be unauthorized, but the force is not required. Burglary and theft commonly occur together, but any entry before the commission of another offense meets the definition.
Penalties for Burglary
The legal consequences of burglary may include imprisonment, fines, probation and all of the other ramifications of a felony. The severity of a defendant’s punishment is determined by factors such as:
Prior criminal history
* Probationary status
* The nature of the unlawfully-entered structure
* The type of offense committed along with the burglary
* Can a Burglary Occur if a Property Isn’t a Structure or a Building, or if the Defendant Used a Tool?
Most courts hold that the terms “property” and “structure” do not have to refer to a building. A car, a room or a tent can be considered a structure for the purposes of unlawful entry. Most people think of a burglar as someone who lifts a window to get into a home, but it can still be considered burglary if a defendant uses a stick to drag an object out of the home.
Can a Person Commit Burglary if They Live on the Premises?
In most cases, it’s impossible to commit a burglary if one lives in the structure they are entering into. Note that the defendant must be living on site; they do not necessarily have to own the property. A Burglary Defense Lawyer in Marion IA can evaluate a case’s circumstances and offer legal advice.
Is it Burglary if the Subject Was Invited?
The answer to this question differs depending on the jurisdiction. Some courts hold that a burglary cannot occur under such circumstances because the criminal intent is nonexistent. Here, the defendant would be cited for trespassing. In other cases, if an invitation was for a certain purpose, a burglary could still occur if the subject intended to do something illegal.
If a person is accused of committing a burglary, they should consult JACOBSEN, JOHNSON & WIEZOREK PLC right away to learn about their legal rights and possible defenses. A Burglary Defense Lawyer in Marion IA can help clients handle the complexities of the legal system, and they can offer solid strategies and advice.
