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Topic: Burglary


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Law

  
  Burglary - Wikipedia, the free encyclopedia
In most jurisdictions in the United States, burglary is a felony and involves trespassing, or entering a building or remaining unlawfully with intent to commit any crime, not necessarily a felony or theft.
Thus, a conviction for burglary may qualify as a conviction under a three strikes law or habitual criminal statute.
Burglary is able to be tried either as a summary offence (before a Magistrate), or on indictment in the Crown Court, and maximum sentences are 10 years for a non-dwelling and 14 years for a dwelling.
en.wikipedia.org /wiki/Burglary   (1121 words)

  
 Burglary - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-21)
The original common law definition of burglary consisted of six specific elements: breaking and entering the dwelling of another during the night with the intention to commit a felony therein.
In the United States burglary is generally a felony and involves trespassing, or entering a building with intent to commit any crime, not necessarily a felony or theft.
Burglary is triable either summarily (before a Magistrate) or on indictment in the Crown Court.
www.detroit.biz /project/wikipedia/index.php/Burglary   (946 words)

  
 BURGLARY - LoveToKnow Article on BURGLARY   (Site not responding. Last check: 2007-10-21)
No building, although within the same curtilage as the dwellinghouse, is deemed to be a part of the dwelling-house for the purposes of burglary, unless there is a communication between such building and dwelling-house either immediate or by means of a covered and enclosed passage leading from the one to the other.
The entry may be before the breaking, for the Larceny Act 1861 has extended the definition of burglary to cases in which a person enters anothers dwelling with intent to commit felony, or being in such house commits felony therein, and in either case breaks out of such dwellinghouse by night.
Housebreaking in English law is to be distinguished from burglary, in that it is not essential that, it should be committed at night, nor in a dwelling-house.
29.1911encyclopedia.org /B/BU/BURGLARY.htm   (722 words)

  
 BURGLARY
Along with the common-law definition of burglary is the definition of a burglar, "he that by night breaketh and entreth into a mansion house, with intent to commit a felony" (Blackstone).
Burglary defined by the U.S.C.S. is as follows, "Any person subject to this chapter who with intent to commit an offense punishable under sections 918-928 of this title, breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct"(10 USCS 929 Art.
In modern day, people that commit burglary just like in common-law have little or no income, but instead of turning to crime to provide for their families they are doing it to support a habit of some sort like an alcohol or a drug addiction.
www.iejs.com /Law/Criminal_Law/burglary.htm   (1220 words)

  
 FBI - Crime in the US, 2002 - Crime Index Offenses Reported
The majority of burglaries, 65.8 percent, were residential, and the remaining 34.2 percent were of nonresidences, such as stores, offices, etc. A review of burglary data in which the time of the offense was known showed that most residential burglaries, 61.7 percent, occurred during daytime hours, and most nonresidential burglaries, 57.7 percent, occurred at night.
Burglaries involving unlawful entry without use of force were cleared by arrest or exceptional means in 14.1 percent of the reported cases during 2002.
Burglary arrests accounted for an estimated 12.9 percent of the arrests for Crime Index offenses and an estimated 17.9 percent of the arrests for property crimes.
www.fbi.gov /ucr/cius_02/html/web/offreported/02-nburglary08.html   (1482 words)

  
 Article 140 - Penal Law - Burglary and Related Offenses
A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1.
A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime: 1.
ypdcrime.com /penal.law/article140.htm   (805 words)

  
 Burglary   (Site not responding. Last check: 2007-10-21)
The Burglary Unit is responsible for the investigations of major thefts including all residential and commercial burglaries.
Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.
www.sbpd.com /Investigations/burglary.htm   (582 words)

  
 Crime and Justice Abstracts: Vol. 14 (1991)   (Site not responding. Last check: 2007-10-21)
Burglary is one of the most prevalent street crimes in the United States as well as in other countries.
Burglary rates are disproportionately low in the Northeast and high in the West and in cities, particularly those with large minority populations, high population mobility, and high income inequality.
Burglary is committed disproportionately by males, juveniles, and others who are unskilled offenders in or close to their home neighborhoods.
www.journals.uchicago.edu /CJ/abstracts/CJv14p73abstract.html   (177 words)

  
 Burglary Crime Statistics   (Site not responding. Last check: 2007-10-21)
Burglary is defined as the unlawful entry of a structure to commit a felony or theft.
The element of trespass to the structure to commit a theft is essential to classify the act as a burglary.
A review of burglary data in which the time of the offense was known showed that most residential burglaries, 61.7 percent, occurred during daytime hours, and most nonresidential burglaries, 57.7 percent, occurred at night.
www.providerofchoice.net /burglary-statistics.htm   (464 words)

  
 Burglary - Orange County Criminal Defense Attorney
Burglary is the crime of breaking and entering a building with intent to steal something or commit a felony inside – even if the person or persons doing the breaking and entering end up committing the felony or not.
First-degree burglary, or residential burglary, is a felony and a strike and carries with it a sentence of probation or 2, 4 or 6 years in state prison.
Charges of second-degree burglary can be brought against those who have the specific intent to steal something from a store or business when they walk in the door.
www.jakebrower.com /practice-areas/burglary.html   (321 words)

  
 Bureau of Justice Statistics Burglary Trends
Household burglary - Unlawful or forcible entry or attempted entry of a residence.
Furthermore, the structure need not be the house itself for a burglary to take place; illegal entry of a garage, shed, or any other structure on the premises also constitutes household burglary.
If breaking and entering occurs in a hotel or vacation residence, it is still classified as a burglary for the household whose member or members were staying there at the time the entry occurred.
www.ojp.usdoj.gov /bjs/glance/burg.htm   (265 words)

  
 burglary. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-10-21)
At common law burglary is primarily an offense against the security of habitation, not against the property as such, but today by statute burglary usually includes breaking into places other than dwellings.
Breaking as well as entering is essential to commission of the crime; to constitute a breaking, the use of physical force is necessary and sufficient, even though the amount of force may be slight, e.g., turning a key, opening a partly closed window, pushing out a windowpane.
Burglary under common law requires that the intent be to commit a felony, but some statutes declare that the intent need only be “to commit some crime.” See robbery.
www.bartleby.com /65/bu/burglary.html   (259 words)

  
 "Burglary" Defined
BURGLARY - Any unlawful entry into, or remaining in, any building with the intent to commit a crime.
The breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.
It must in general be committed in a mansion house actually occupied as a dwelling; but if it be left by the owner animo revertendi, though no person resides in it in his absence, it is still his mansion.
www.lectlaw.com /def/b125.htm   (463 words)

  
 Burglary Lawyers - Arson Lawyers - Crimes Against Property Lawyers
The two common law felonies of arson and burglary are crimes against property, but they also often involve physical danger to the victim, and so they may be classified separately from other property crimes.
Burglary: The common law definition of burglary is breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony therein.
A person is guilty of burglary even if arrested before he or she can commit the felony, as burglary is complete upon breaking and entering with the requisite intent.
www.law4usa.org /burglary_lawyers.htm   (2172 words)

  
 Criminal Aliens | Aggravated felony | Crimes of violence| Burglary
Solorzano-Patlan appeared before the IJ and admitted only the factual allegations contained in the Notice to Appear, but argued that his burglary conviction did not rise to the level of an "aggravated felony," and should not be classified as such, because it was neither a "burglary offense" under 8 U.S.C. sec.
It is important to note that Congress did not define the term "burglary offense" in the INA and that individual states use different and various definitions to describe what conduct does and does not constitute the crime of burglary in their respective jurisdictions.
This Illinois conviction, classified as a burglary, prompted the INS to initiate deportation proceedings against Solorzano-Patlan and argue that he was deportable because he was convicted of a burglary offense and was, therefore, an aggravated felon.
www.callyourlawyers.com /burglary.html   (3099 words)

  
 Southern California Criminal Defense Lawyer - Areas of Practice - Burglary
You could also be found guilty of burglary even if there was no evidence of stolen property IF the state can prove you had the intent to steal something when you entered the building.
The maximum penalty for misdemeanor commercial burglary is one year in the county jail, although the penalties are often much less than that.
The penalties for felony commercial burglary can be probation (up to one year in the county jail) or 16 months, two years or three years in prison.
www.expertlawfirm.com /areas/burglary.html   (988 words)

  
 Snohomish County : Crime Prevention : Burglary Prevention
The homeowner watches the burglary in a van nearby showing the homeowner and the viewers how he got in and the damage he causes.
Most residential burglaries happen in the middle of the day when no one is around in the neighborhood.
The key to surviving a burglary is prevention– making it too hard for the burglar to get to your stuff.
www1.co.snohomish.wa.us /Departments/Sheriff/Services/Crime_Prevention/Burglary.htm   (387 words)

  
 Robbery -- Assault -- Burglary
Thus, burglary is potentially a far more serious crime than its classification as a property offense indicates; for many victims, including those that avoid the trauma of personal confrontation, the invasion of their home on one or more occasions constitutes a violation that produces permanent emotional scars."
It is important, when addressing the needs of the victim of a robbery, assault or burglary, for the clergy person to not minimize the extent of trauma to the victim, the victim's family or his/her friends and neighbors.
A woman victim of a burglary, who came home and found that her personal clothing items had been rifled through, said that she was now unable to wear any of these items.
www.ojp.usdoj.gov /ovc/publications/infores/clergy/robbery.htm   (2598 words)

  
 Torrance Criminal Defense Lawyers - South Bay Burglary Crimes Defense Attorneys - South Bay Criminal Attorneys - ...   (Site not responding. Last check: 2007-10-21)
If found guilty for first degree burglary, the guilty party may be placed on probation or may serve a prison sentence for a maximum of six years.
In California, a burglary is a "strike," which requires the guilty party to serve 85% of the sentence.
Generally, a second degree burglary takes place in an unoccupied building, and is commonly referred to as a "commercial burglary." If you walk into a store with the intent to steal merchandise, you can be charged with second degree burglary.
www.mcgregor-ernenwein.com /burglary.shtml   (613 words)

  
 Home Security, Burglary Prevention Advice, Chris McGoey, home security expert
By definition, the crime of burglary is a non-confrontational property crime that occurs when we are not at home.
Burglaries are committed most often by young males under 25 years of age looking for items that are small, expensive, and can easily be converted to cash.
The reason why alarms systems deter burglaries is because they increase the potential and fear of being caught and arrested by the police.
www.crimedoctor.com /home.htm   (2972 words)

  
 Burglary and Larceny
It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law.
Burglary is committed when any person breaks and enters, or enters without breaking either in the daytime or nighttime a dwelling house or outhouse adjoining thereto, or occupied therewith of another person with the intent to commit a crime therein.
He is presumed by the law to be innocent of this charge and this presumption remains with him throughout the entire trial.
www.state.wv.us /WVSCA/jury/crim/burglary.htm   (3768 words)

  
 Deltoid » burglary   (Site not responding. Last check: 2007-10-21)
The percentage of at-home burglaries is higher in the US (14%) than it is in Canada (10%).
The range given for England is because the rate is 59% for attempted burglaries and 26% for completed burglaries, so the overall rate must be somewhere in between.
After all, you have dismissed the NCVS (source of the at-home burglary rates) as flawed and the ICS (source of the gun-ownership) rates as fraudulent.
timlambert.org /category/guns/burglary   (1266 words)

  
 Burglary, Criminal Trespass, Louisville, Kentucky - Brendan McLeod
(1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling.
(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.
(2) Burglary in the third degree is a Class D felony.
www.getmemylawyer.com /burglary_trespass_louisville_kentucky_criminal_law.htm   (505 words)

  
 Protect Yourself Against Home Burglary   (Site not responding. Last check: 2007-10-21)
And while the chances of being a victim of burglary may be small in any one year, your odds increase over time that a burglary may occur to your home.
The average loss for a residential burglary in 1998 was $1,299 according to the FBI.
More residential burglaries occur during the day because homes tend to be vacant more often while homeowners are away at work or running errands.
www.statefarm.com /consumer/vhouse/articles/burglary.htm   (1681 words)

  
 The Reducing Burglary Initiative
The Reducing Burglary Initiative, which ran from 1999 until 2002, aimed to reduce burglary nationally by targeting areas with the worst domestic burglary problems and monitoring the cost effectiveness of the different approaches to find out what works best, in which circumstances.
In addition to reducing burglary in these areas, the lessons learnt from the Initiative are already proving to be of wider benefit to all local crime and disorder reduction partnerships seeking to improve their own anti-burglary strategies, and to the Home Office in planning its crime reduction work.
In rounds 1 and 2, crime and disorder partnerships were invited to submit applications for funding to run projects aimed at reducing local burglary problems in areas or communities that suffered twice the national average burglary rate over the previous 3 years.
www.crimereduction.gov.uk /bri.htm   (796 words)

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