Burglary is a common law offense that is constituted by the illegal entry into a building for the specific purpose of committing a crime. In order to understand the reasons for a criminal charge of this nature, it is best to look at the specific components of the crime's definition. Each of the words in the definition can be dissected for further meaning, thus allowing defendants to better understand the reason they were arrested for charges of burglary.
Breaking & Entering
As Atlanta criminal lawyer Andre Sailers explains, burglary is also commonly referred to as the act of "breaking and entering." In fact, it is this phrase that is most often used to identify and prosecute crimes of burglary. The term "breaking," can be understood as entering into any building, or room, that a person did not have permission to enter. Forcing open a door, using fraudulent means to enter, or issuing threats in order to gain access can all be classified as "breaking." Entry into a specific room that is off limits (even if the rest of the building is freely accessible) can result in charges of breaking and entering.
As you can see, the traditional sense of breaking into a home or building is not solely accountable for the activities that constitute criminal charges; nor is the act of "entering." For example, entry does not only refer to a person's physical entrance into a specific room, home, or building. The term also applies to any instrument that is inserted into an off-limits area if it is being used to obtain the property of another person. Therefore, a person does not have to physically enter the property his- or herself in order to be arrested for breaking and entering.
Defenses for Burglary Charges
Since it was first established, the definition of burglary has been expanded widely. No longer must the breaking and entering occur in a dwelling, or any other type of conventional building for that matter. Now, properties of every nature can be broken into with the purpose of burglarizing it. Unlike its original definition, burglary is also no longer charged only to persons who physically break into the property of another person, nor must the burgle be conducted at night. Now, the intent behind burglaries does not even have to involve a specific act of theft. Any intention of felony activity that precedes breaking and entering can be classified as burglary.
Just as it is important to look more closely at the specific aspects of the criminal definition itself, it is also necessary to attend to the ways in which the definition has been modified over the years. What was once considered an act of burglary has since been transformed into a much looser set of specifications, thereby making it significantly easier – and more likely – for a criminal arrest to be made. More than ever, activities that once would have been omitted from charges of burglary are now being classified and penalized as such. If you were the victim of an arrest made on a loose interpretation of the definition of burglary, you deserve to take your case to court.
At Sailers & Associates, an aggressive defense can be built on behalf of persons who have been accused of burgling another property. For more than a decade, Attorney Sailers has confidently taken on cases of every nature, including those involving allegations of burglary. If you're looking for strong defense with effective results, you need look no further. Attorney Sailers has what it takes to deliver the results you need when you need them most. When you contact the Atlanta theft crime attorney today, your first consultation will be free of charge.