The crimes of burglary and robbery are different crimes, so it is possible to be charged with both and convicted of both from the same incident. Good home security will keep most bad people out, will notify you of people on the property, and can provide a record if something bad does happen. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary. Armed robbery occurs when someone commits the crime of armed robbery and accessory to armed robbery occurs when someone assists another person in committing armed robbery. All theft involves robbery or burglary. If a person enters a store during its normal retail hours and steals an item from the shelf, the person has committed a shoplifting crime, and not a burglary. Breaking into an uninhabited, unused building may result in other criminal charges, but most likely not a burglary accusation. The burglary was committed as soon as defendant entered the house with criminal intent – before the theft actually occurred. Rutilio J. Zavala, 22, is charged with first-degree burglary and second-degree robbery, class B and C felonies, respectively, in connection with the Saturday incident. LegalMatch Call You Recently? Defendants commonly make the argument that they had the consent of the owner or occupier of the property to enter, thus there was no unauthorized breaking and entry. Lack of intent to commit a crime after entering the property (though the person may face breaking and entering charges). Are There Any Defenses Against Burglary Charges? The actual intended crime does not even need to occur. What's the difference between burglary and larceny? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For example, in many states, trespassing (going onto someone else’s property without permission) is a lesser-included offense of burglary. An attorney can help you understand the laws in your state and present the strongest possible defense. Burglary might occur even if the property is not removed from an area; breaking in or trespassing with the intent to steal is enough to result in a burglary charge. Copyright © 2020, Thomson Reuters. Defendants can call the prosecution's evidence into question in many ways, such as by presenting an alibi or creating doubt as to the scientific reliability of a forensic technique. While the differences are interesting, it is perhaps more important to do what you can to prevent it from happening. They can also be somewhat complex, as there are many elements involved in proving the crime. master:2020-09-21_13-42-07. from U.C. https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2017-crime-statistics, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2018-crime-statistics. It's well within your legal rights and also within your best interest to defend yourself against criminal charges. Other laws criminalize the taking of property; instead, burglary laws are meant to preserve the sanctity of a dwelling and to shield residents from harmful encounters with burglars in their house. All states criminalize theft and burglary, and a juvenile who commits these offenses can face juvenile charges. You should treat all criminal charges seriously because they can result in lengthy jail or prison sentences, stiff fines, restitution, and other penalties. Again, punishments for burglary crimes often depend on state laws, as these can differ widely from area to area. You can commit burglary without making a theft. For example, if a would-be burglar enters a house to commit an assault but is thwarted by the alarm system, the person could still be convicted of burglary. All rights reserved. The definition of burglary arises out of state law, and thus the components of the crime may differ slightly depending on the state. The words robbery and burglary are often used interchangeably in movies, TV shows, books and the internet. Hart Powell, S.C. You can commit burglary without making a theft. Stay up-to-date with how the law affects your life, Name The thing about a burglary is, the one doing the burglary does not have to actually steal anything. The email address cannot be subscribed. A mental exercise charges are less serious action from a table in a for. Above, the common denominator is someone taking someone ’ s also a a... Having protection in place makes it less likely, these will all depend on state laws, well... 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