Burglary – What Are the Elements?

Burglary is a theft crime that generally involves certain elements that separate it from other theft crimes. If convicted of burglary, the penalties usually will be more severe than for convictions of larceny, petty theft, or robbery. Knowing how the elements of burglary work and why they are necessary could provide the legal defense team with a way to demonstrate to the courts that the accused did not commit burglary.

Burglary is the act of entering someone’s property without permission and with the express intent of stealing something from the building. This could involve a home, a business, or an industrial property. A person could commit a criminal offense other than theft when they burglarize a place, but the normal action is to steal something. One of the important elements of burglary is that there is no victim present during the incident. However, the person could aggravate the charges by destroying property and damaging something important such as an expensive network of computers.

The Lack of Victim

When a person enters a property, he or she may want to ensure that no one is there. This generally minimizes the chances of discovery and of harm to the perpetrator or the other person. Without any victim in the crime, the person committing burglary has free reign to do as he or she wishes in the building. This may lead to the theft of property or some other action depending on the goal of the individual. Some that commit this crime may carry a tool that could constitute as a weapon if another person is in the building. However, the tool is normally only to gain access to the interior or to steal the property.

The Element of the Building

Before common law transferred to state laws that modify how burglary elements exist, the perpetrator of the crime must commit the illegal act in a private residence at nighttime hours. The state changes broadened the definition of burglary to include business property and at any time of the day. While many charge the accused with theft crimes when committing burglary, the individual may commit another crime such as destruction of property or stalking instead of taking anything of the person living in the dwelling. The element of theft is not necessary for the person to commit burglary in the United States.

The Specific Elements of the Crime

For burglary charges to remain valid, the person must first break into the property and then enter inside without the consent of the owner or resident. He or she must have every intention of committing a crime of some sort. The person could commit a crime unrelated to theft or even entering the building. He or she must accomplish both acts for burglary to occur. Without one element, the charges are invalid. This is often a defense the defending legal team may use to get out of the charges. The lawyer may explain that the person did not intend to commit any crime at all.

Breaking into the Building

The person may break into the building in an actual way or through a constructive manner. The actual way leads to a forceful entry through picking a lock or breaking down a door. The individual could break a window. Constructive is the breaking into a building through some means that does not use force. These ways are often through a threat, fraud or even by blackmailing someone that works in or around the building. To complete this element of the crime, the perpetrator must then enter the location. After breaking into it, he or she must physically pass into the building.

The Crime in Burglary

Once the person gains access to the internal structure of a building and enters inside, he or she must then commit some other crime. If he or she merely moves items around but does not take anything before captured by local police, he or she may only receive charges of breaking and entering. Destruction of property, vandalism and damage to the structure of the building may constitute the other element necessary for burglary. The person may even engage in stalking or kidnapping that may incur additional charges.

Criminal Defense Lawyer for Burglary

Charged with burglary, the perpetrator may need to hire a criminal defense lawyer to prove that one or both elements of the crime did not occur. If the person is innocent, he or she may need to provide overwhelming evidence to the judge or jury to demonstrate this.