Burglary charges can be filed against any person who took personal property belonging to another, without permission, and without intent to pay for it. Many theft charges are the results of misunderstandings or arise out of arguments over rightful ownership, but also include the very serious charges such as a robbery arrest, larceny charges, burglary charges, and possession and sale of stolen goods. Schedule A Free Phone Consultation
Robbery – robbery is defined as theft or larceny of possessions or money using physical force or verbal threats against the victim. If a deadly weapon like a gun is used or the victim suffers an injury in the incident, the robbery can be charged as an armed robbery or aggravated robbery.
Burglary – burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside – not just theft / larceny. No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person’s property, there is usually no victim present during a burglary.
A burglary crime is a crime committed when a person breaks into, enters unlawfully, or forcefully enters a dwelling, vehicle or other habitat maintained or own by another person. If you break into a home, that’s a burglary. If you break into a vehicle, mobile home, storage facility, garage, etc, that’s burglary. It doesn’t matter if someone is home or not. The crime is committed because you unlawfully placed yourself in a place you are not authorized to be in.
Suppose the owner gave you permission to enter the dwelling but upon arriving, you had to use force to enter the dwelling? If the owner concurs, it’s not a burglary. If the owner had given you permission, but later informs the police that he did not give it, it’s a burglary charge. Why did I bring this odd example into play? I knew of a person that was set up like this. This is why you should be very careful taking someone’s word about entering anyplace without permission.
Personally for me, if their not family or very good friends, I’m not going in. I rather wait until they arrive or come with me. This is a very old vindictive game played by many people in the 30’s and 40’s. You simply set your enemy up. It will work today as well as back then.
Understand that the law is based on it’s written meaning. A District Attorney could place you in jail for a very long time based on the meaning and wording of the law, not on your intent.