What is Burglary?
Burglary is one of the most serious common law felonies known to the law. This offense is defined as the Breaking and entering of a business or dwelling home, at night, with the intent to commit a felony therein. Breaking describes gaining access to a structure by force. This may involve Breaking and entering through a window, lifting up an unlocked window and entering inside, forcing a door open or ajar, opening and entering through an unlocked door without authority or permission, manipulating a locking mechanism, or unlocking a door with a key to which you have no authority or permission to possess. Entering describes crossing over a threshold, whether of a window sill, doorway or otherwise, necessary to gain access to the inside of the structure.
Burglary may be committed on a variety of structures. The common law offense related to dwelling homes. It has been extended overtime to now include a house, condominium, apartment, business, school, college, church or public land. The act must also be committed with the intent to commit a felony once inside the targeted structure. Such felony conduct may include committing an assault upon the structure’s occupants, removing or otherwise stealing the contents of the structure, damaging or destroying the contents, or setting fire to the structure.
There are various factors that can aggravate the severity of a burglary and to which courts and prosecutors may cite for increased punishments. These factors include the manner of Breaking and entering; extent of damage (or absence thereof) caused to Break and enter the structure; extent of damage caused to the interior and contents of the structure; possession of weapons by the offender(s); presence or absence of occupants in the structure at the time of the burglary; nature and type of felony committed therein; actual use of weapons to inflict harm or fear to the occupant(s); injuries (or absence thereof) sustained by the occupant(s); nature and circumstances of the victim such as age, identity, health, and status; and type and value of any property potentially stolen during the burglary. Burglary is the type of crime for which courts and prosecutors will want to punish offenders with lengthy jail sentences. If you have been charged with Burglary, it is important to seek legal representation immediately to protect your rights and to minimize the impact that a criminal charge of this nature may have on your life.
If you have been implicated in a burglary and need expert legal representation, contact the RI burglary defense attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.