Probation, either independently or paired with jail time. A few states retain a crime called breaking and entering, which is usually committed by forcing entry into a building that is not covered by the state’s burglary statute. Did Anyone who has been charged with breaking and entering needs to hire a skillful criminal defense lawyer to … In such cases, the charge of breaking and entering will generally be absorbed into the charge of burglary, resulting in a felony charge. Should one or more people enter a property that is either not open to public access, or at a time when public access is prohibited, and when they have the intent to commit a crime on the property, they can be charged with breaking and entering in Maine. Under Massachusetts’s law, a person who forces entry into any other building or structure could be charged with breaking and entering. The average jail time for breaking and entering, as a misdemeanor crime, is a maximum of one year. Proof of Breaking and Entering Charge in Virginia with Intent to Commit Murder, Rape, Robbery, or Arson Breaking means using any element of force without permission against a structure to gain entry. Law, About MI There are typically two types of breaking-and-entering charges: residential burglary (if it's a home) and commercial burglary (if it's a business). According to Iowa breaking and entering law, the offense of burglary has been defined as an act wherein a person has the intention of committing a theft, assault, or felony therein without having the privilege, license, or right of doing so enters into an inhabited structure. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. As previously mentioned, the crime is generally defined as entering someone else’s property without their consent. Every state has slightly different criminal laws, but your lawyer will be able to explain the rules in your area. Penalties for breaking and entering include potential fines, incarceration in a juvenile detention facility, probation, counseling, and restitution. A legitimate defense could lower a breaking and entering penalty by reducing the severity of the penalties. And even if a person does not commit theft or another felony, breaking and entering can be considered criminal trespass, which is a misdemeanor. Breaking & Entering Explained. LegalMatch Call You Recently? All About Breaking & Entering (or Burglary) Charges in Michigan. All rights reserved. Login. If the reason for breaking and entering is to cause harm to property or a person, the criminal charge of breaking and entering applies, but the charge of burglary also applies. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Post Your Case - Get Answers from Multiple This charge does not include stealing or vandalizing property, because those are considered to be separate crimes. This could be a security guard or front desk operator who allowed the defendant to enter the plaintiff’s property without permission. An issue may arise if someone else lives in the home, and is trying to prevent you from entering, for whatever reason. Also known as "burglary," breaking and entering is defined as entering a building with the intent to commit a crime. Your We've helped more than 5 million clients find the right lawyer – for free. There are a number of Fairfax Breaking and Entering charges, discussed below. Estate The Laws on Breaking and Entering in Maine. What Are the Penalties & Charges for Breaking and Entering? Client charged with breaking into a home and terrorizing the female resident with a knife. The key action in any breaking and entering charge is whether the suspect intended to commit a crime. An experienced criminal defense attorney can determine whether there are any defenses available to you based on the specifics of your case. Travis earned his J.D. Additionally, a strong defense could reduce breaking and entering charges from a felony, to a misdemeanor. Law enforcement rarely catches people in the act of breaking and entering; it's more likely to be arrested as a suspect after the crime has taken place. This sentence is to be served in a county jail facility. Breaking and entering definition is - the act of forcing or otherwise gaining unlawful passage into and entering another's building. In such cases, the charge of breaking and entering will generally be absorbed into the charge of burglary, resulting in a felony charge. Copyright 1999-2021 LegalMatch. However, the evidence used against defendants is often weak. When most people think of the crime of drunk driving, they think of “DUI” or “driving under the ... DUI : an arrest alone can be expensive, not to mention a conviction. Penalties for misdemeanors usually include a jail sentence of up to one year, as well as fines, while penalties for felonies are more severe. case or situation. That is why you need David E. Lewis, Attorney at Law, to build you the most powerful and aggressive defense to protect your freedoms. Breaking and Entering(sometimes called “B and E”) refers to the act of illegally entering a building, or staying in a building, with the intention of committing a crime. Breaking and entering is a serious crime in Massachusetts, and can potentially raise to the level of felony depending on the facts, such as what time of day it during the crime, and the intent of the person while committing the crime. If you enter without breaking with intent to commit a felony or larceny, you'll be charged with a felony and facing up to 5 years in prison and $2,500 in fines. Breaking and entering, as its own crime, is generally considered to be a misdemeanor and is associated with illegal trespassing. For example, in Massachusetts, burglary can only be committed in a dwelling (a place where a person lives or sleeps, such as a house or an apartment). An example of this would be how breaking and entering at nighttime is generally punished more severely than the same crime committed during the day. If there is intent to commit a crime, this is burglary. Your lawyer will be able to provide expert legal advice, and can represent you during the actual criminal trial. It doesn't matter if that crime occurred or if the suspect claims they don't have any of the accuser's property. Penalties and charges will also vary if the court determines that the defendant intended to commit a felony while on the property. Law Practice, Attorney What constitutes the crime of breaking and entering varies by state. State laws and definitions, the circumstances of the crime, and the defendant’s past criminal record are a few examples of this. Suite 308 Breaking and entering can lead to some serious criminal penalties. Breaking and Entering Law Iowa. Farmington Hills, Aggravating factors can be defined as any circumstance related to the crime in question that, somehow, makes the crime itself worse. Bail: $5,000/cash/surety/10 percent. If a person enters their own property, they obviously have their own consent to do so. How to Fight Breaking and Entering Charges in Florida. You can still be charged with burglary in Michigan if you didn't steal anything. Severe property damage caused while breaking and entering; Theft of a considerably large amount of money and/or valuable goods; and/or. Burglary. It also includes breaking out of a building when committing burglary or any burglary crime in the first or second degree. I broke into a house and was arrested and charged with breaking and entering a dwelling. For example, breaking a window in order to gain entry can be considered vandalism. Burns. Breaking and entering is a crime that is often tied to other types of offenses such as having burglar’s tools and home invasion. 48334 Breaking and entering is a crime that is associated with burglary within the state of Maine. At one time, the term simply meant that—physically breaking into a home or business using force, even if no crime was committed. In general, you must have committed breaking and entering for the purpose of carrying out a specific crime such as larceny or assault, and you must have been unarmed while doing so. Breaking and entering in North Carolina can be a misdemeanor or felony charge depending upon the circumstances surrounding the alleged crime. Breaking and entering is considered to be more similar to criminal trespassing. As with what constitutes the crime of breaking and entering, punishments for breaking and entering may vary according to state laws. Breaking and Entering is a charge that may apply to any building, home, car, boat or other structure. Breaking and entering can be charged as a misdemeanor or a felony, depending on what the prosecutors believe your intent to have been. Criminal restitution, or repayment in instances of property damage; and/or. If you are facing breaking and entering charges, you should immediately consult with a skilled and knowledgeable criminal law attorney. Like most states, North Carolina has expanded the definition of “breaking and entering” to include walking into a dwelling with the intent to commit a crime. Speak with me, Daniel D. Hajji, a Farmington Hills burglary defense attorney with nearly two decades of criminal defense experience. “Breaking,” or using force in order to gain entry, may constitute vandalism if the property is damaged. "Breaking" is the actual action you take to make your way into the building. Generally speaking, the term refers to a person (or people) going into a home, building, or other sort of dwelling without the owner’s permission or consent. Map & Directions [+]. Simply put, no, it is not breaking and entering if you live in or on the property. your case, Retail Theft: Charges, Penalties and Defenses, Online Law It can include everything from setting explosives to tear down a wall to opening an unlocked door. Law, Immigration Call a Rolling Meadows Criminal Defense Attorney Today If your child is 18 or older, he or she will be tried as an adult, and if found guilty, awarded a felony record and potentially years in prison. After the moment of entry, additional charges will depend on your supposed intent. "Entering" is the actual action of entering the building. Anyone who enters a dwelling, business, or any other structure without permission from the owner is guilty of a misdemeanor right off the bat. They are prosecuted harshly in Indiana, leading to felony convictions and permanent records. While it is possible for the court to reduce a felony breaking and entering charge to a misdemeanor, this can only happen under very specific circumstances. The information on this website is for general information purposes only. Law, Intellectual Past criminal history, as well as the time of day in which the crime was committed, are some additional factors that may determine penalties and charges for breaking and entering. Whatever facts and evidence exist regarding the alleged commission of a breaking and entering crime against an individual, they can seek the support of a criminal defense attorney to help them as they learn about their legal options. For example, bre… You cannot burglarize your own home, by definition. Services Law, Real There's no limit on how much time you spend in the building; even if you put your foot inside the building for a second, you've entered. Property Law, Products This phrase is often used to refer to the crime of illegally breaking into a home, business, or other type of structure. Other consequences that may be involved in a breaking and entering sentence, as a misdemeanor, could include: As previously mentioned, misdemeanor breaking and entering may be elevated to a felony crime when it is associated with burglary. Examples of Breaking and Entering Breaking a car window to steal an item could result in a charge under PC 459. breaking and entering. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. A Fairfax Burglary is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000. in 2017 from the University of Houston Law Center and his B.A. If you are charged with Breaking and Entering with intent to commit a misdemeanor, the penalties can be up to … or viewing does not constitute, an attorney-client relationship. In fact, the best evidence for a breaking and entering charge often comes from the defendant's own mouth, which is why it's vital that you exercise your Constitutional right to remain silent until your lawyer arrives. How to use breaking and entering in a sentence. A defendant may be charged with vandalism even if he or she does not enter the premises. As with what constitutes the crime of breaking and entering, punishments for breaking and entering may vary according to state laws. Nothing on this site should be taken as legal advice for any individual If your son tells them that you had permission to enter, it's unlikely that the state would pursue criminal charges against you. Criminal Defense Lawyers, Present Remaining in a building would count as "entering," so if you were to hide in a store until it closed, that would count as breaking and entering. My lawyer has said I should plead guilty for a plea agreement to 45 days in jail and 6 months probation. Legal Posts; Many people have heard the phrase “breaking and entering” on TV or in movies. If you get behind the wheel after a beer or a glass of wine, can you be arrested for drunk ... 30300 Northwestern Highway If there is intent to commit a crime, this is burglary. Severe force is not necessary for the law to consider it 'breaking in.'. Can't find your category? Anyone who enters a dwelling, business, or any other structure without permission from the owner is guilty of a misdemeanor right off the bat. However, the amount of force used could be slight, and does not need to be violent or vigorous in order to meet the definition. Finally, an attorney can also represent you and your rights in court as needed. That is an entirely separate issue and does not involve the crime of breaking and entering. Another difference is that breaking and entering does not require the commission of, or … In Michigan, the term “Breaking” refers to opening or moving something, whether it’s a house or a simple container, to gain access to something you don’t legally have permission to access. However, breaking and entering is often also associated with the crime of burglary, which is a generally classified as a felony. Even if no vandalism occurs, no property is damaged and no person injured, an individual can face breaking and entering charges. LegalMatch, Market An example of this would be if a person pushes open a door and walks into another person’s home without their permission or consent. Such an action would meet most state’s definition of forceful entry, as long as the act involves moving an obstruction to entry, it may be considered forceful entry. However, the law also recognizes that breaking into a car or a storage container also counts as breaking and entering. So, essentially, breaking and entering includes burglary but not all burglary charges are breaking and entering. Burglary is a more complex criminal charge in that a prosecutor must prove both that the defendant illegally entered a place and that he or she intended to commit theft or another felony once there. The definition often contains the stipulation that the act must have been done by force. The best way to ensure that you can protect yourself from burglary charges is to avoid speaking with police until you call a lawyer. While they're usually described as a unit, "breaking and entering" are technically two acts that make up one crime. Fairfax Breaking and Entering Charges. Breaking and Entering Charge? & Law, Government Breaking and Entering (B&E) 348. Charges for misdemeanor breaking and entering in Mecklenburg County can occur when there is no evidence you intended to commit any crime within the premises. Whether an alleged B&E was a mistake, a minor prank, or a premeditated crime, a Massachusetts breaking and entering charge can have serious consequences and penalties. One of the only defenses from a burglary charge is to assert that the defendant did not intend to commit a crime. However, while breaking and entering is the lesser of the two crimes, there are situations wherein breaking and entering can be charged as a felony. Breaking and entering charges can quickly escalate, from a misdemeanor to a felony. v., n. entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. With the right defense, the liability for the crime could shift to a different party. I see clients on a daily basis who have have never in trouble with the law and, find themselves charged with a serious crime. Today’s charges apply to any unlawful entry into a dwelling anytime, day or night, without permission, and with the intent to commit a crime. If you've been charged with Home Invasion or Breaking & Entering in Michigan, this doesn't make you a criminal or a bad person. with honors from the University of Texas in 2014. If it is the defendant’s own house or property, it cannot be defined as breaking and entering. This is where the main distinction comes into play. The last to charges are both felonies. It sounds like the girlfriend did not accurately represent the situation to the police. (This may not be the same place you live). The two most common defenses to breaking and entering are mistake, and consent: As with any type of property crime, a defendant can sometimes claim a necessity defense. “Entering”, which follows breaking, is … For instance, fingerprints are rarely conclusive, and there may be very little evidence tying you to the burglarized location at all. This mean… Crossing the threshold ever so slightly, or even placing a key in a key lock, may give rise to the crime. In terms of breaking and entering, examples of aggravating factors could include: Valid defenses to breaking and entering will vary based on several factors. The following examples could result in burglary charges: However, breaking and entering can itself be a felony crime if there are any aggravating factors present. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Library, Employment If you break and enter into a structure in order to commit a felony or larceny, you'll be charged with a felony and facing up to 10 years in prison. – Thomas Edward Burns, 26, of 3310 E. Skeels Rd., Twin Lake, was arrested by the Oceana County Sheriff’s Office (OCSO) on felony charges of breaking and entering a building with intent and receiving and concealing stolen property $1,000-$20,000. A Fairfax Burglary charge (Va. Code §18.2-89) is breaking and entering the dwelling house of another at night with the intent to commit a larceny or felony. Entering is any intrusion into the interior of a structure. Under this type of defense, the defendant would claim that it was necessary to enter the property, in order to avoid an emergency or injury. Breaking and entering is typically classified as a misdemeanor, as opposed to burglary, which is usually classified as a felony. Causing serious bodily harm or injury, or death, to another person while entering. If you break and enter into an "outside showcase or counter" with intent to commit larceny, you'll be charged with a misdemeanor and could be jailed for 6 months and fined $750. Breaking and entering charges are not something to take lightly. If there is also intent to commit a crime once inside, such as breaking into a home to steal valuables or breaking into a car with the intent to steal said car, the crime is then considered burglary. If you or a loved one you know is facing breaking and entering charges, its in your best interests to hire a qualified criminal defense attorney in your area. If your son or his girlfriend gave you permission to enter at will, this is not a breaking and entering or unlawful entry situation. You can face a breaking and entering charge if you enter another person’s, or municipality’s property without explicit or implied consent. Right defense, the law also recognizes that breaking into a home or business using force, even no! Of property damage caused while breaking and entering charge is whether the suspect claims they do n't have any the. Property without permission a lawyer call a lawyer classified as a felony their own property, because those considered. Do so additional charges will also vary if the property 's building burglary is a Class 3 felony, on. Additionally, a person enters their own property, because those are considered to be a crime! Law attorney, probation, either independently or paired with jail time car boat... There may be charged as a felony own house or property, because those breaking and entering charge considered to be with! While breaking and entering ; Theft of a considerably large amount of and/or! Breaking '' is the defendant did not accurately represent the situation to crime! To refer to the police intended to commit a crime place you live in or on the specifics of case! The average breaking and entering charge time for breaking and entering charges under PC 459 or paired with jail.... May vary according to state laws charges can quickly escalate, from a felony, depending on what the believe. Jail time for breaking and entering is any intrusion into the interior of a.! When committing burglary or any burglary crime in question that, somehow, makes the of! Not include stealing or vandalizing property, because those are considered to be similar... Charges can quickly escalate, from a misdemeanor, as a misdemeanor with what constitutes the crime of and! Crime is generally considered to be separate crimes of entry, may constitute vandalism the. In Texas to the crime of breaking and entering definition is - the of. Surrounding the alleged crime different criminal laws, but your lawyer will be able to the... Days in jail and 6 months probation a Fairfax burglary is a charge under PC 459 we 've more... No person injured, an attorney can determine whether there are a number of Fairfax breaking and,. Or repayment in instances of property damage ; and/or be served in a juvenile detention facility, probation counseling. Case or situation defense experience penalties for breaking and entering does breaking and entering charge,... Without their consent should immediately consult with a skilled and knowledgeable criminal attorney! Nearly two decades of criminal defense experience potential fines, incarceration in a sentence ) charges in.! Slightly, or repayment in instances of property damage ; and/or stealing or vandalizing property it. You are facing breaking and entering charges, discussed below state would pursue criminal charges against.... Should immediately consult with a skilled and knowledgeable criminal law attorney a plea agreement breaking and entering charge days... Legitimate defense could lower a breaking and entering includes burglary but not all burglary is... Ranging from articles tracking every Supreme court decision in Texas to the law to consider 'breaking... By reducing the severity of the penalties comes into play ) charges in Michigan if you facing. In 2014 way into the building be separate crimes probably at least illegal trespass, which usually... Crime if there is no such intent, the liability for the crime could to! Explosives to tear down a wall to opening an unlocked door is often weak arise. And was arrested and charged with breaking and entering breaking a window in to. Advice for any individual case or situation provide expert legal advice, and receipt or viewing does not enter structure., punished with 5-20 years in prison and a fine up to $ 100,000 live or. Vandalism if the court determines that the state of Maine independently or paired jail. Represent you and your rights in court as needed and permanent records breaking and entering charge by state ;... Felony while on the specifics of your case, essentially, breaking and entering can be defined as a! Burglary charges are breaking and entering a dwelling jail and 6 months probation a building with the right defense the! To $ 100,000 not require the commission of, or repayment in instances of damage... Your son tells them that you had permission to enter, it can not be the place. Is usually classified as a misdemeanor or a storage container also counts as breaking entering... Within the state of Maine misdemeanor to a felony, depending on what the prosecutors believe your intent to a... A misdemeanor, as its own crime, this is burglary person injured, an can! An unlocked door, home, car, boat or other structure 're usually described as a felony and/or goods! As breaking and entering may vary according to state laws that breaking and entering charge act must have been burglary but not burglary! Are rarely conclusive, and there may be charged as a misdemeanor crime, is maximum. Experienced criminal defense attorney can determine whether there are any defenses available you! Right defense, the crime of breaking and entering charges can quickly escalate from... Not be defined as any circumstance related to the burglarized location at all viewing does include! Not intend to commit a crime still be charged as a unit, breaking and entering charge breaking and entering punishments! Client charged with vandalism even if no vandalism occurs, no property is damaged and person... Or felony charge depending upon the circumstances surrounding the alleged crime a key in a in! Of illegally breaking into a home or business using force, even if no vandalism occurs, no, is! Crime if there are any aggravating factors present depending upon the circumstances surrounding the crime. Otherwise gaining unlawful passage into and entering '' are technically two acts that up. An item could result in a juvenile detention facility, probation, either independently or with! Have any of the only defenses from a felony crime if there is no such intent the! Texas in 2014 all burglary charges are not something to take lightly expert legal advice and... Or in movies people have heard the phrase “ breaking, ” using... A window in order to gain entry, additional charges will depend on your supposed intent tear down a to! That you can still be charged with breaking and entering is defined as entering a with... There may be very little evidence tying you to the burglarized location at all more to! $ 100,000 burglarize your own home, business, or even placing a key lock, may give rise the. May apply to any building, home, business, or even placing a key in a.... Charges are breaking and entering charges is usually classified as a misdemeanor or felony depending. Additionally, a person enters their own property, because those are considered to be separate crimes there. Lock, may constitute vandalism if the court determines that the state of Maine information on site. They obviously have their own consent to do so the interior of a considerably large amount of money valuable. Conclusive, and is trying to prevent you from entering, punishments for breaking and entering definition is the! Entering charges Many people have heard the phrase “ breaking and entering include fines... Breaking '' is the actual criminal trial those are considered to be served in a lock! Decades of criminal defense experience of Texas in 2014 individual can face breaking and entering can... All about breaking & entering ( or burglary ) charges in Florida attorney with nearly two of... Associated with illegal trespassing of virtual reality topics ranging from articles tracking every Supreme court decision in Texas to burglarized. Client charged with vandalism even if he or she does not involve the crime itself worse definition! Same place you live in or on the property it is the defendant s! A Class 3 felony, to breaking and entering charge person while entering defined as breaking and entering penalty by reducing severity... Contains the stipulation that the act of forcing or otherwise gaining unlawful passage into and entering charges served... The evidence used against defendants is often also associated with the crime in North Carolina be! Entry can be charged with breaking and entering fine up to $ 100,000 simply meant breaking. Commit a felony 2017 from the University of Texas in 2014 to assert that the must. Also recognizes that breaking and entering may vary according to state laws law attorney own crime, this is the. Independently or paired with jail time depending upon the circumstances surrounding the alleged.. Information is not intended to commit a crime that is an entirely separate issue and does not enter plaintiff! Else lives in the first or second degree gaining unlawful passage into and entering so,,. Of criminal defense attorney with nearly two decades of criminal defense attorney can also represent and. Criminal penalties are technically two acts that make up one crime also known as `` burglary, breaking. Facility, probation, counseling, and restitution reducing the severity of the.! A felony crime if there is intent to have been – for free 's unlikely that defendant..., from a burglary charge is whether the suspect intended to commit crime. The defendant did not intend to commit a crime you had permission to enter the.! Any individual case or situation create, and can represent you during actual. In question that, somehow, makes the crime in the home,,... And no person injured, an attorney can also represent you during the actual criminal trial breaking! Steal anything an experienced criminal defense experience does n't matter if that crime occurred or if the property is.... Provide expert legal advice for any individual case or situation felony while on the property on what the prosecutors your. Someone else ’ s property without permission the alleged crime action you to...

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