What is Burglary?
Burglary is the unlawful entry into a building or other structure with the intent to commit a crime inside, most commonly theft. Contrary to popular belief, burglary does not require "breaking and entering" by force; simply walking through an unlocked door without permission can qualify.
Key Elements of Burglary
To convict someone of burglary, prosecutors generally must prove three specific components:
Unauthorized Entry: The person entered a structure without the owner's consent. This includes "remaining behind" after a business has closed.
The Structure: While traditionally defined as a dwelling, modern laws include commercial buildings, sheds, and sometimes even vehicles or fenced yards.
Criminal Intent: The individual must have intended to commit a crime (like larceny or a felony) at the moment they entered. If the intent is formed only after entering, the charge may be different.
For example, if someone enters a supermarket with the intent to shoplift, this crime can be simple theft which is usually a misdemeanor or a more serious felony crime - the crime of burglary.
Burglary vs. Robbery
While often confused, these are distinct crimes:
Fact Check: You can be charged with burglary even if you don't actually steal anything. The crime is completed the moment you enter the structure with the intent to commit a crime.
