According to the Federal Bureau of Investigation (FBI) statistics, a burglary occurs every 30 seconds in the US, totaling two burglaries each minute and more than 3,000 burglaries daily. Private residential properties are more vulnerable to burglaries.
So, how does breaking differ from burglary? Let’s understand the difference between breaking and entering and burglary.
Legal Definitions and Distinctions
Understanding the differences between breaking and entering versus burglary plays a huge role in grasping the legal definitions and distinctions between these terms.
According to the criminal lawyer from the Law Office of Joseph Ruiz, breaking and entering typically refers to the act of unlawfully entering a structure, such as a home or building, without permission and with force. This force could involve breaking a window, picking a lock, or using some form of physical strength to gain entry.
On the other hand, burglary involves not only the act of breaking but also the intent to commit a crime once inside. This distinction matters in legal terms because burglary comes with a harsher penalty, reflecting the deliberate intent behind the crime.
Elements of Breaking
Breaking refers to the act of unlawfully entering a building without consent, often by using force like shattering a window or manipulating a lock. To prove breaking, the prosecution needs to show that you entered a building or structure on purpose and without permission.
You don’t have to fully enter the premises for the offense to occur; even placing a hand or foot inside can constitute breaking. The prosecution needs to show that you entered to commit a crime within the building.
The intention behind the act sets breaking and entering apart from simply trespassing. Intent can be understood through different signs, like possessing tools that could be used for breaking in or behaving in a way that raises suspicion near the property.
Elements of Burglary
Burglary involves the specific intent and unlawful entry into a structure. For an act to be considered burglary, two essential components need to be in place: the intention to commit a crime once inside the building and the unlawful entry or staying within the property. The intent element plays a crucial role, as it sets burglary apart from other offenses that involve unlawful entry.
Factors like carrying tools for breaking, trying to hide one’s identity, or having a background of similar offenses often demonstrate this intent. The second aspect of burglary involves entering a building or structure without permission. This involves entering someone is home, business, or any private area without their consent.
Unlawfully entering means that the person was not allowed to be on the property when they went in. The combination of intent and unlawful entry is what leads to a burglary charge.
Potential Consequences of Each
Breaking, along with burglary, come with different repercussions. If you find yourself facing charges for breaking and entering, it is important to know that the consequences can vary. You might encounter penalties like fines, probation, community service, or, in some cases, a brief jail sentence, all depending on the specifics of your situation.
Breaking and entering is usually seen as a misdemeanor, but the consequences can differ significantly depending on things like past criminal history and the reasons behind the action.
Burglary, however, is considered a more serious offense and comes with tougher penalties. If found guilty of burglary, you might face significant fines, a long prison term, and a permanent criminal record. The seriousness of the punishment for burglary can be shaped by various factors, such as the worth of the stolen items, the involvement of weapons, and whether any violence occurred during the crime.
Conclusion
Understanding the differences between breaking and burglary is crucial for comprehending the charges and potential consequences tied to each situation. Both situations involve entering a property without permission, but burglary specifically includes the intention to commit a crime once inside. Knowing these distinctions can help individuals make informed decisions and strategize for the best legal action to take.
