What is burglary?

While elements of burglary vary from state to state, burglary was traditionally defined as breaking and entering into the dwelling of another at nighttime with the intent to commit a felony.

In many states this has been expanded to include entry into any form of building or structure or into any building, vehicle, or vessel used as a residence, at any time of day or night, with the intent to commit a theft, or another crime. In other states, the crime is complete the moment a person crosses the threshold of the building with the intent to commit a crime. Therefore, it may be a defense to burglary that the thief entered a store to shop but only decided to steal something once inside. If the thief brought an extra bag into the store or had an overcoat outfitted with hooks or extra pockets in the lining to store stolen merchandise, that intent to steal will be easier to prove.

In some areas, burglary can only be committed in a dwelling, while in others it can be committed in a business premise, like a store or a warehouse. In some states there must be an intent to commit a felony, while in others the intent to commit any theft or other crime is enough. In most states, theft is only a felony if the value of goods stolen is over a certain amount. So someone entering a house to steal a jar of change valued at $40 might not have committed burglary in some states, only theft. Entering a store and stealing $1.98 worth of goods results in two crimes being committed in under some state law: a misdemeanor theft and a felony burglary.

“Breaking and entering,” another term for burglary, must involve some sort of force; however, depending on the state, this can be defined loosely, as in the force required to open an unlocked door, or entering by means of fraud, as in telling the person in a locked hotel room that it is room service at the door, when it is not. Many states have eliminated any requirement for breaking or force used in entry.

Case Studies: Understanding Burglary Laws

Case Study 1: The Intent to Commit Theft

John was charged with burglary after he entered a store during business hours and stole several items. While there was clear evidence of theft, John’s defense attorney argued that there was no evidence to suggest that he entered the store with the intent to steal. The attorney presented surveillance footage showing John entering the store without any suspicious behavior. The court found that the prosecution failed to prove intent beyond a reasonable doubt, leading to John’s acquittal of the burglary charge.

Case Study 2: Breaking and Entering

Linda was accused of burglary when she entered her neighbor’s house through an unlocked door while they were away on vacation. Linda explained that she was checking on the neighbor’s pets as a favor. The prosecution argued that her entry constituted “breaking and entering,” as it involved some form of force, even though the door was unlocked.

Linda’s defense attorney presented witness statements confirming her good intentions and emphasized that no force was used to enter the premises. The court agreed with the defense’s argument, and the charges were dropped due to the lack of breaking and entering.

Case Study 3: Theft Value Threshold

Mark faced burglary charges after breaking into a warehouse and stealing various electronic devices. However, his defense attorney noticed that the total value of the stolen goods was just below the threshold to classify the theft as a felony. The attorney argued that Mark should only be charged with theft, not burglary, as there was no intent to commit a felony based on the stolen items’ value. The court accepted this argument, and Mark was convicted of theft but cleared of the burglary charge.