Description
The crime of Breaking and Entering may be filed against a person who enters any house, room, or other building or vessel or property with the intent to commit grand or petit larceny or any felony. Charges for the activity of Breaking and Entering would be Burglary or Trespass and potentially Vandalism. Examples of activities which could trigger a charge of Breaking and Entering are entering your neighbor’s home after they leave for work and taking a TV even though the door was unlocked or breaking the window of a home and then fleeing before entering the home.
What does the prosecutor have to prove?
Burglary:
1. Defendant entered an inhabited building or dwelling.
2. Defendant did so with the specific intent to steal and take away property belonging to another, and to deprive the owner permanently of that property. or
2. Defendant did so with the specific intent to commit the crime of burglary.
Trespass:
1. Defendant made a credible threat to cause serious bodily injury to another person.
2. Defendant intended to place said person in reasonable fear for his or her safety, or the safety of his or her immediate family.
3. Within 30 days of the threat, Defendant unlawfully entered into the residence or real property contiguous to the residence of the person threatened. or
3. Within 30 days of the threat, knowing that the place was the threatened person’s workplace, unlawfully entered into the workplace of the person threatened and carried out an act or acts to locate the threatened person within the workplace premises.
4. Defendant did so without lawful purpose.
5. Defendant intended to execute the threat against the target of the threat.
Punishment
Burglary:
Felony: 2years/4years/6years
With probation 0-364 days
Misdemeanor: 0-364 days
Trespass:
Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days