What is Burglary?
Burglary is the act of unlawful entry into the domain or property of another individual or entity with the intent of illegal possession and theft. Burglary is considered to be a general term that is non-specific with regard to the nature of the item(s) stolen.
Pertinent conditions in burglary cases can include the location of the break-in, the item(s) stolen, the time of the burglary offense, the value of the stolen item(s), the method used for unlawful entry, the nature and intent of the burglary charge, past criminal record(s) associated with all individuals charged, damage caused by the burglary, or the inclusion of victims.
Burglary Offense Profile
1. Legal Jurisdiction: Criminal Law
2. Type of Crime: Misdemeanor or Felony – varies upon case details
3. Criminal Code: Varies upon the location of the crime
4. Range of Punishment(s): Fines, Probation, or Incarceration – varies upon case details
5. Duration of Punishment(s): Varies upon case details
6. Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the time of the crime
7. Associated Offenses and Subgenres:
a. Trespassing: The unlawful entry or encroachment on or in the personal domain or property belonging to another individual.
b. Larceny: The illegal possession of the property of another individual or entity.
c. Auto Theft: The illegal possession of an automobile belonging to an individual or entity.
d. Shoplifting: The illegal possession of an item or items from a commercial operation or business.
The Burglary Arrest Process
In the event that the prospect exists in which an individual is at risk for or has been arrested as a result of a Burglary charge, it is of the utmost importance that they are aware and mindful of the basic legality associated with the criminal justice system. Individuals who have been served documentation in the form of an arrest warrant displaying a Burglary, or have been arrested by law enforcement, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges.
Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a Burglary arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):
Due Process with regard to a Burglary Charge
In the United States, due process is defined as the Government’s obligation to respect, maintain, and uphold the legal rights of its citizen in the event of an arrest. The Government must retain an individual’s human rights and liberties. This includes fair, respectful, and ethical treatment devoid of undue violence and harm.
Habeas Corpus with regard to a Burglary Charge
Subsequent to an arrest resulting from a Burglary charge, the notion of habeas corpus entitles all individuals to the right to a trial in a court of law. In addition, each individual is granted the right to legal representation. Pertinent details regarding any Burglary allegation should be discussed with a defense attorney.
The Presumption of Innocence
In the event that an individual is arrested as a result of a Burglary charge, criminal law within the United States maintains the innocence of that individual unless they are found guilty within a court of law or they have admitted guilt on their own accord.
Upon the arrest for a Burglary charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:
• The right to remain silent
• The right for any words spoken during the arrest to be admissible during a trial
• The right to consult with an attorney regardless of financial stature
• The acknowledgement that the individual arrested for the Burglary charge understands the aforementioned rights.
The Preparation of a Burglary Defense
In the event that an individual has been arrested on a Burglary charge, they are encouraged to observe the behavioral protocol of the arrest process. Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on the legality of Burglary. In the construction of a burglary defense, the individual may be asked to participate in the following:
• Account, itemization, and description of any and all alleged stolen items in question
• Any previous arrests and/or convictions
• Evidence and witness testimony
• A detailed account of the details surrounding the event in question
• The inclusion of the name(s) of individuals involved
• The arrangement for bail or bond