Home Burglary

Burglary

Inchoate Offense

Protecting Your Home from Burglary

Protecting Your Home from Burglary

Get an Alarm System and Be Protected From Burglary

Get an Alarm System and Be Protected From Burglary

Statistics show that alarm systems are an effective tool against burglary, when used in conjunction with other security measures. However, statistics also indicate that many households that have alarm systems often fail to engage them when leaving the property. In fact, there are many potential problems with alarm systems.
Sometimes burglars have informants at alarm system companies that alert them when homeowners leave the premises. Unfortunately, alarm company employees are also able to disengage the system if they are participating in the burglary. Ideally, homeowners would not utilize an alarm system as their only line of defense against burglars. However, alarm systems can be effective when utilized correctly and in concurrence with other strategies meant to protect the home.
Some alarm systems come with video cameras. In some cases, the cameras are aimed at all entrances to the property and structures contained on the property. In other cases, they are also installed throughout the house. These can be effective as deterrents, and they can also be utilized as proof of guilt when law enforcement finds suspects.
In addition, most alarm systems employ a variety of other safety measures. First, most alarms will include placement of an alarm on all windows and doors, even when they seem to be too small to be utilized as an entry point. Secondly, most alarm systems will include panic buttons which can be installed in each room. These can be effective in home invasions, and in many other emergencies.
However, homeowners must utilize common sense in order for alarm systems to be effective. First, they should never disclose their password over the phone. Many times, burglars pose as employees of the company when calling or when showing up in person. In fact, homeowners should always check ID when an individual claims to be an employee of the alarm company. If a homeowner is ever in doubt, they should call the company to verify the information provided. Homeowners must always be cautious about who they share their password with. In addition, homeowners must remember to turn on the alarm system. Too many times, homeowners become lax about engaging the system when necessary.
Having an alarm system can offer homeowners protection against burglars and other criminals. In order to be effective, homeowners should take all necessary precautions when having the alarm system installed and when protecting their password. In addition, homeowners should not rely on an alarm system as their only line of defense. When used in concurrence with other strategies, alarms can offer added protection for homeowners and their families.

Burglary: Offense, Arrest, Consequences

Burglary: Offense, Arrest, Consequences

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.


Miranda Rights

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

What Makes Burglary Different From Robbery

What Makes Burglary Different From Robbery

There are several differences between burglary and robbery. First, burglary occurs when an individual enters a structure in the absence of permission. In addition, that individual breaks and enters in order to commit another offense, such as theft. However, the proceeding offense does not have to be theft. There are many offenses that result from burglary.
 
 
Conversely, robbery involves theft of money or property through the threat or use of violence against a person. In the crime of robbery, the victim must be present. In the crime of burglary, it is not likely that the victim will ever be confronted by the perpetrator, unless the proceeding crime is assault, murder, or kidnapping.
 
 
In order to make the distinction between robbery and burglary, it is sometimes necessary to ascertain the perpetrator's intent. In the crime of robbery, the intent is to steal from a victim using violence or a specific threat of violence. Many times, the robber presents evidence of a weapon, which would be armed robbery. However, a weapon is not necessary in order to classify a crime as robbery. In most cases, a burglar does not intend violence, unless their proceeding crime includes the use of violence.
 
 
Many times, a robber first makes clear that their intent is to cause harm if the victim does not comply with their demands. Next, the robber will make clear what their demands are. For example, they may hold a gun to someone's head while making a demand for cash and jewelry.  When the perpetrator utilizes a weapon, it is considered armed robbery.
 
 
However, a weapon is not necessary to make valid threats or instill fear in a victim. For example, a robber may state where the victim lives, as they view the victim’s driver’s license. By doing this, they are making sure that the victim complies with all demands. The perpetrator may tell the victim they they will be harmed if they report the crime to police. In general, robbers are able to subdue victims with a threat alone.
 
 
In contrast, burglars simply commit their crime, without usually seeing the victim. On occasion, burglars do run into their victims, but it is often by accident. The burglar’s intent usually determines if there will be victim contact. The most common proceeding crime for a burglar that has gained entry into a structure is theft.  In that case, burglars will likely avoid contact with their victim. If, however, their intent is to commit a more serious proceeding crime, they may seek contact with the victim.
 
 
In general, burglars never come face to face with their victims. They simply enter a structure and commit their additional offense, which is usually theft, whereas robbers utilize force or the threat of violence to be sure that their victim meets their demands. In some cases, the perpetrator will have a weapon, and in others, they simply threaten violence. In either case, the victim is present during the crime and confronted with threats for non-compliance.

8 Types of Robbery

8 Types of Robbery

There are many types of robbery. In all cases, an individual takes possession or ownership of a piece of property to which he or she is not entitled. In crimes of false pretense, perpetrators obtain ownership rights through an act of deception that pertains to facts about the past or present. The transfer of title for that property is obtained through fraudulent acts.
In crimes of larceny, the perpetrator takes possession of property for which he or she does not have possession rights.  For example, the owner of a boat may take it to a marina to have it fixed. Once the work has been completed, the owner retrieves the boat without paying the bill. The owner is guilty of larceny because he or she does not have possession rights until the bill is paid for the work that has already been completed on the boat.
Robbery also includes the perpetrators taking possession of property for which they do not have possession rights. However, robbery often includes force. Aggravated robbery and armed robbery are similar in nature because the perpetrator utilizes force or the threat of force in order to gain victim compliance. Armed robbery includes possession of a deadly weapon or the perceived possession of a deadly weapon, even if one is not present. Generally, bank robberies, which are Federal crimes, involve armed robbery.
Burglary is different from robbery because burglary does not generally include contact between the robber and the victim. Burglary is an inchoate offense, which means that the crime is committed in order to prepare for completion of another crime. There are many offenses that can proceed burglary, and the crime does not have to include theft. Even if the burglar never commits the intended, additional offense, they can still be charged with burglary.
Piracy is another type of theft in which the victim rarely comes face to face with the perpetrator. Piracy is a crime in which theft is committed by violating copyright laws. Copyright infringement is a serious criminal offense, but it is rarely prosecuted due to the nature of the crime.
Piracy is a serious problem that is widespread in the entertainment industry. Illegal copies of artistic creations are circulated on a mass level and easily obtained by any member of the general public. Although pirated copies are often cheaper than original works, the artist receives no payment from those copies. 
The Internet has made piracy much easier to get away with, which also makes it more difficult to prosecute guilty offenders. The Internet makes it easy to take part in obtaining and selling illegal copies of artistic material and for criminals to remain nameless.
Looting is similar in that it is usually difficult to prosecute the guilty parties. Looting generally takes place during events that require the attention of law enforcement. Those events can include wars, natural disasters, political unrest, and archaeological sites that have no security. Looting involves perpetrators that take advantage of unprotected property. Looters often steal whatever they can get out of structures that have no security due to intervening factors, such as blackouts.
False Pretenses 

Crimes of false pretense involve an individual that obtains ownership rights to property by taking place in an act of fraud. Crimes of false pretense often involve an act of deception that directly results in an individual giving up the ownership rights to a piece of property as a direct result of that act of deception. In other words, the crime only qualifies as a crime of false pretense if the transfer of ownership is a direct result of an act of deception by the person that has obtained ownership of that property. 
In order to be prosecuted for a crime of false pretense, an individual must be aware that they are making the false statement. For example, a person cannot be charged if they realistically believed what they told the rightful owner, even if it was false. The perpetrator must have been aware that they were taking part in a deception that would result in the loss of property of the rightful owner. 
The deception that resulted in the transfer of property must have been passed on as A past fact, or a fact that pertains to the present. In other words, a person cannot be charged with committing a crime of false pretense based on promises they make about the future. The perpetrator must have taken part in deception about an actual and existing fact.
Any promise made about the future is not based in fact because nobody can know for sure what will happen  in the future. In contrast to robbery, this crime involves the actual transfer of ownership, rather than simple possession. In addition, the property must have some pecuniary significance. The property must have some monetary value, no matter how small.
The perpetrator must also have intent to defraud the victim. In other words, the perpetrator must have had the motive of gaining the rights to a piece of property by taking part in deception that would affect the rightful owner of that property. 
If however, the rightful owner had suspicions about that specific deception, no crime has been committed because they were not actually deceived. A person that has doubt and transfers the property anyway has not been deceived, and therefore, the actions necessary to complete a crime of false pretense have not been met.
Crimes of false pretense have changed names as laws change, but the basic premise remains the same. In the Theft Acts of 1968 and 1978, the United Kingdom’s government sought to better define crimes of theft. Crimes of false pretense have also been known as crimes of deception, or crimes of fraud. Whatever they are known as, the results are the same. A perpetrator deceives the rightful owner of a valuable piece of property into giving up those property rights.
Larceny 
Larceny is a crime in which the perpetrator gains possession of a piece of property, but not ownership rights. The larcenist takes possession of the property without permission from the owner, or with permission of the owner but for purposes contrary to that permission. 
The perpetrator may have asked to borrow a piece of jewelry for some specific event and instead sold that piece of jewelry even though they did not have ownership of that jewelry. The perpetrator did have permission to possess the jewelry, but only for a certain period of time. They were also expected to return the jewelry.
A person is also guilty of larceny if they take part in asportation of property. Asportation is the movement of property that a person does not have possession rights to.  For example, a person may own a vehicle that has been impounded because a ticket has not been paid. The owner does not have possession rights of that vehicle. If that individual were to go to the impound lot and move the car, they are guilty of asportation.
Another principle involved in larceny is that the perpetrator takes possession of a piece of property to which another individual has possession rights. In other words, a person is not guilty of larceny if they take possession of a piece of property that has been abandoned or discarded. 
However, an individual that takes possession of a piece of property that may have been lost could be guilty of larceny if they do not make reasonable efforts to reunite that property with the person that has possession rights.
The perpetrator must also intend to permanently deprive a person of possession of the piece of property. For example, a person that finds a piece of jewelry and picks it up to bring home is not yet guilty of larceny. That individual may be bringing that piece of property home  in order to make an attempt to find the owner. 
That person must take the item home and make no attempt to find the individual that has possession rights before they could be guilty of larceny. That fact can sometimes be difficult to prove. Perhaps, if that individual were to wear that piece of jewelry, it could be assumed that they intended to permanently deprive someone of that property. 
There are many types of larceny but all involve some of the same elements and all involve an individual taking possession of a piece of property of which they do not have the possession rights.  There are some individuals that take possession by acts of stealth. 
A pickpocket commits larceny by stealth because the crime is often undetected until much later. In other words, larceny by stealth involves a perpetrator that is not witnessed during the commission of the crime. Although people may have actually seen the pickpocket, they probably did not realize that the crime took place.
Theft by an employee or servant can also include stealth, but it does not have to. Theft by employees is rather common. Office supplies are frequently taken home by employees with a purpose that does not involve work. Even employees that use their work phone to make long distance calls that are not in reference to their job are guilty of petty larceny. Employees that steal items such as printers would be guilty of grand larceny. 
Theft by bailee also involves theft by employees, but under different circumstances. Bailees are often hired to transfer property from one person, to the person that has obtained possession rights of that property. Although the bailee is granted temporary possession rights, they do not have the right to not deliver that property to the individual that has possession rights. 
For example, a trucker that has been hired to transfer toys from a warehouse to a toy store does not have the right to remove even a single toy from that delivery. If the trucker were to remove anything from that shipment, that would be considered theft by bailee.
Theft by a finder involves a person finding a piece of property for which they know they do not have possession rights. If that person can reasonably believe that the property has been abandoned, then no crime has been committed. If, however, that person believes that the property has been lost or misplaced, they must make a reasonable effort to reunite the property with the person that has possession rights in order to avoid larceny charges.
One of the most common forms of larceny is larceny by trick. In that type of larceny, the perpetrator is granted possession rights, but takes possession for a purpose contrary to that for which permission was granted. For example, a person that borrows a car for a doctor’s appointment, but instead uses it to rob a bank, would be guilty of theft by deception, among other charges.

Armed Robbery 

Armed robbery is generally the charge against a perpetrator that utilizes a weapon during the commission of a robbery. Robbery is the taking of property through the use of force, or threat of force. Armed robbers use a weapon to gain victim compliance. 
In fact, armed robberies do not even have to present a weapon to face the most serious of robbery charges. For example, a robber that pretended that a hand in his pocket held a gun would be charged with armed robbery. In order to be charged with armed robbery, the victims must simply believe that the robber had a deadly weapon and acted accordingly.
  
Prosecution for armed robbery will vary according to each jurisdiction. Bank robberies that include the use of a weapon will be prosecuted by the Federal Government. In fact, any bank robbery is considered a Federal crime because the Government insures banks, and therefore, bank robbery is a Federal crime.
Banks and other institutions have taken many precautions to prevent robbery. Many buildings now have double doors that can trap a robber while they try to escape. In addition, many buildings now have twenty-four hour surveillance so that no one can enter undetected. There are also silent alarms in many buildings which employees can hit without alerting the criminal.
Homes and businesses should take similar precautions to avoid becoming the victim of an armed robber. While homes may not have metal detectors, they can add security such as alarm systems. Any structure should also be clear of easy hiding spots for robbers such as shrubs and darkened areas.
Statistics indicate that most armed bank robberies occur in the early morning hours, especially on Fridays, whereas armed robberies of businesses tend to happen in the late evening hours. Those statistics will vary according to the security and other precautions of businesses attempting to prevent such crimes. Armed robbers, like other criminals, look for an easy target.

Aggravated Robbery 
Robbery is very similar to other crimes, but it has some defining characteristics. The crime of robbery involves a perpetrator taking property from the person that has possession rights to the property while using force or threatening the use of force. 
The robber generally comes face to face with their victim, unlike a burglar. In many jurisdictions, there is no distinction between armed robbery and aggravated robbery.When there is a distinction made, it is generally that aggravated robbery includes the threat of force in the absence of a deadly weapon being presented or threatened.
In either case, aggravated robbery generally has sentencing guidelines similar to armed robbery, depending on other intervening factors of the crime. Aggravated robbery can also include a felony murder charge. If a victim dies as a result of the commission of any felony crime, the charge will be felony murder. Generally, charges of that nature include a sentence of life in prison.
Aggravated robbery can also result in kidnapping to aid the perpetrator in escaping from law enforcement or any one that is in pursuit. If the victim is transported across State lines, the charges will be prosecuted in Federal court. 
Aggravated robbery is a violent felony and can often occur in addition to other violent crimes. Unfortunately, the mind set of many of the perpetrators is that once they have begun the crime, there is no turning back. Therefore, they are likely to do anything that will help them escape, including killing innocent bystanders or law enforcement that are in pursuit.
Bank Robbery 

Bank robbery continues to be a problem across the United States and in other countries as well. It is believed that Iraq has one of the highest incidences of bank robberies in the world. Yet, the United States has a fairly high rate as well. Bank robbery is a Federal crime which incurs very harsh sentences. Those sentences can be affected by the seriousness, or degree of the crime.
In cases where perpetrators carry or use a deadly weapon, it is first degree bank robbery and that incurs some of the most serious sentences. This is especially true if anyone is injured or killed as a result of the crime. If an individual dies as a result of the actions of the perpetrators, even by accident, the charge is felony murder. 
The felony murder rule allows perpetrators to be charged with the crime for any death that would not have occurred except for the commission of the crime. For example, a pedestrian that is struck and killed by an officer in pursuit of the suspects can be charged as a felony murder.
Sentences for perpetrators will vary based on many factors. For famous bank robberies from the “era of public enemies,” the sentence was death. While their deaths occurred very publicly, Dillinger and Bonnie and Clyde were all killed as a direct result of their crimes which included bank robbery.  Dillinger and Bonnie and Clyde were just several of the famous bank robbers that committed a wide array of crimes during the Great Depression. As a result of their crimes, bank robbery is now considered a Federal crime and is subject to time in Federal prison.
At the time that the famous robbers perpetrated their crimes, the sentences were much lighter if the perpetrators were able to avoid being gunned down by law enforcement, which was common practice at the time. That practice was especially common when perpetrators were believed to be responsible for the death of officers, of which both Dillinger and Bonnie and Clyde were accused.
There are many famous bank robberies. The robbery of the Central Bank of Iraq is said to be the largest cash heist in history. The robbery was successful and included no deaths and very little planning. Saddam Hussein’s son simply handed bank employees a note from his Father, and in turn, he was handed the money without incident, whereas, the robbery of Security Pacific Bank was perpetrated with extreme and deadly violence.
The robbers admitted that they had planned to die rather than be apprehended by police. That fact became evident as a police pursuit ensued after the robbers’ suspicious activity was reported to police. The firepower in possession of the robbers would never have been outperformed by the weapons that the officers had in possession. The robbers also carried bombs which they hurled at officers during the pursuit. The robbers gave no thought to injuries or deaths that would result from their crime.
That robbery resulted in more effective weapons for officers, as well as better training. Previously, officers had basic weapons that were usually effective. However, the availability of illegal and extremely powerful weapons in certain areas of the country made it necessary for officers to carry more powerful and deadly weapons. Training was also increased to include the possibility of such powerful weapons being used by perpetrators.
Regardless of the type of bank robbery, there is an impact on society when such crimes occur. Although most bank robberies take place in the early morning hours at banks that are in highly populated areas, they can take place anywhere. Bank robberies that are especially violent receive a lot of media attention which sometimes instills a sense of fear and panic among the general public. 
In addition, society is forced to pay higher bank fees to pay for the added security necessary to avoid such crimes. While bank robberies are occurring at a slightly greater pace, the rate of apprehending suspects remains stagnant.
While bank robberies are solved at a fairly high rate, many bank robbers are never apprehended. In addition, a large percentage of the money stolen form banks is never recovered.

Piracy 

The origins of the crime of piracy can be traced to maritime piracy. Maritime piracy is an ancient crime that still occurs with great frequency even today. Pirates often attack vessels with the purpose of committing a crime while on board. In the past and even today, some pirates boarded ships with the purpose of holding hostages for ransom. In addition, many pirates board ships illegally with the purpose of stealing any cargo on board.
With the use of recent technology, pirates can trace ships until they are in water over which the pirates have control. The pirates are also frequently aware of what type of cargo is on board ships. Many deaths have resulted from maritime piracy and many countries have begun to work together to prevent such crimes in international waters.
There are many types of piracy. Copyright infringement is very common. Many times, the perpetrators will violate a copyright in order to make copies of artistic material in order to sell those copies and make a profit. For example, an individual may make copies of a CD and sell them for less than the price of obtaining a legal copy. There are also people that videotape movies while they are in the theater, which is also a violation of copyright laws.
It is sometimes difficult for copyright infringement to be prosecuted. Enforcing the laws is difficult because of the widespread availability of emerging technology. The equipment necessary to take part in piracy is fairly inexpensive, especially when compared to the potential profit from the crime. Law enforcement may be able to prosecute the person that is selling illegal copies of material, but they will likely be unable to locate the head of the crime ring. Generally, individuals involved in piracy are part of a large underground network that employs many levels of people.
Music is one of the most pirated types of artistic material. In fact, it is rather easy to obtain illegal copies of music. On the streets of most cities, there are individuals that sell illegal copies of CD’s en mass. They are also likely to have copies of music that the artist never intended to be available for sale. The Internet also aids in helping individuals obtain free or low cost copies of music illegally. In fact, many people are guilty of music piracy without even realizing it.
Lawsuits involving music sharing websites were aimed at educating the public as to the laws regarding music piracy. The campaign was partially effective, teaching citizens about copyright infringement. However, the crime continues at a very high rate.
Piracy involving television and film also runs rampant. Copies of movies are sometimes made available by criminals before the movie is even released. Producers make copies of their movies available to judges for awards such as the Golden Globes. Those copies are sometimes illegally obtained by individuals that then make copies of the movie and sell it for a large profit.
The reality is that even when pirated movies are sold at a deep discount, pirates still make a large profit. Conversely, movie studios have a difficult time making a profit after the costs associated with making and advertising a film. This is especially true when many people chose to view an illegal copy of the movie rather than see it in the theater. The Internet makes it very easy for individuals to purchase pirated copies of artistic material. In fact, many items are available for free on the Internet.
Burglary
Burglary involves the illegal entry of a structure with the intent of committing another crime. The other crimes include a number of possible intents. For example, a burglar may enter a structure with the intention of kidnapping a victim and holding them for ransom. While the crime of burglary can include violent offenses, the other crime is usually theft. The possibility of varying intents is the reason that burglary is considered an inchoate offense.
An inchoate offense in one that is committed with the purpose of committing another crime. Burglary, as an element of other crimes, can precede murder, assault, sexual assault, kidnapping, and murder. In fact, burglary can result in numerous other offenses.
Theft is not an element required for a crime to be classified as burglary. Burglary is simply the entering of a structure, in the absence of permission to enter said structure. Burglary can even be charged against an individual that has permission to enter a structure, but does so with a purpose contrary to that for which permission was granted.
The charges against a burglar will vary depending on many factors. The laws that govern burglary will vary according to jurisdiction and differ slightly in each State. The differences often become evident when examining the sentencing guidelines within each jurisdiction.
In some states, nighttime burglary receives a much harsher punishment than a similar crime during the day. In addition, the crime that proceeds the burglary will greatly effect the sentence of the perpetrator. Burglars generally receive a less harsh punishment than robbers. The difference between the crimes can be great.
First, robbers come face to face with their victims and use the threat of force, or actual force, in order to get victims to comply with their demands, whereas burglars generally do not come face to face with their victims, depending on the nature of their proceeding crime. Obviously a burglar that intends to assault, murder, or kidnap a victim will likely receive a much harsher punishment than a robber. But the distinction between the two crimes can blur at sentencing because they are both felonies and both crimes can end up being equally violent.
   
Federal Burglary Law 

In most cases, burglary is governed by State laws. In fact, burglary can be charged in varying degrees, based on several factors, including the time of day, presence of a weapon and injury to any victims. In any case, each State makes determinations about the degree of burglary and about the length of sentences imposed for such a crime.
In each State, burglary in the first degree will incur the harshest penalty because it will be considered the most violent of burglaries. However, due to the nature of burglary as an inchoate offense, other crimes often proceed the burglary.
There are are numerous crimes that are a result of burglary. For example, an individual that breaks and enters to scope out a bank in order to rob it at a later date is only guilty of burglary. Even if that individual simply wandered into an area of an open bank in which they had not been granted access, they are still guilty of burglary because they entered the area in the absence of permission. Because banks fall under Federal jurisdiction, that individual would be subject to Federal laws as they apply to burglary. In general, burglaries of that type incur much harsher penalties and include time in Federal, as opposed to State, prisons.
Protecting Your Home
Statistics indicate a large increase in property crimes. Unfortunately, that increase includes the use of violence or force to complete thefts. The best way for home and business owners to avoid becoming a statistic is to offer adequate protections to their home and valuables.
There are various ways to protect structures. First and foremost, alarm systems that are properly installed greatly reduce the chance that a structure will be selected by a burglar. In fact, structures that have working alarms are significantly less likely to be targeted by criminals.
In general, burglars are looking for an easy target, which also allows them to stay out of view while they commit the crime. For that reason, structures should be clear of easy hiding places. Although trees and shrubberies can offer privacy to homeowners, they are also very effective hiding places for criminals. In addition, many homeowners leave valuables out in view, which can be enticing to criminals.
There are many other factors to consider when attempting to protect one’s property. Many times, employees of some types of companies work as informants to criminal rings. For example, the company that comes to clean rugs may employ an informant that works for a criminal ring. In addition, many criminal rings also take part in owning legitimate companies in order to gain easy access to structures while appearing legitimate.
In order to avoid the potential for  this type of activity, homeowners should purchase a safe and install in a place where it is easily concealed. Most burglars will not bother with safes, unless they know what it contains. Homeowners should seek the advice of several companies before deciding on an alarm system. In addition, having the advice of two companies allows homeowners to have added protection.
Looting
Looting is a crime that takes place when the owner of a structure, or piece of property, is unable to protect that structure or the contents of that structure and individuals remove items during that time. There may be many reasons that the owner is unable to protect their property. Looting frequently takes place during and after war, during natural disasters and events such as blackouts.
Archaeological looting is also a common practice. Looters will often damage archaeological sites in order to take artifacts that they believe have monetary value.  On occasion, archaeological looters are hired to locate specific types of artifacts and those looters will destroy any other artifact that gets in their way. 
Prosecution of looting will vary by jurisdiction and also by type. Looters that were arrested after Hurricane Katrina were prosecuted at differing levels, depending on the nature of the crime. In fact, many looters were never prosecuted because they were simply trying to survive. 
Those looters took only items that were necessary to ensure survival of their loved ones, such as food, water and medical supplies. However, there were those that looted expensive items, such as electronic equipment, in order to make a profit. There were also members of law enforcement that were caught looting at times when they should have been offering protection and help to the general public. In both cases, perpetrators were prosecuted to a higher extent than those that looted to survive.
There are several types of looting. Archaeological looting is rather common, partly because it is difficult to properly secure archaeological sites. Many times those sites are located in an area that is not heavily populated and locals often have the knowledge of how to get to the site without being seen by others. Native American archaeological sites are often looted and vandalized. Artifacts that can be found at those sites are often coveted, especially by private collectors.
There are also many other famous cases of looting. Some people classify crimes such as those committed by Goldman Sachs, as industrial or white collar looting. In that case, employees of the company are accused of looting from individuals that chose to invest with the company. In other words, the employees took the money from investors knowing that investments were going to fail. That could be classified as looting due to the nature of the crime.
There have also been famous cases of looting during natural disasters. The earthquakes in Haiti and Hurricane Katrina resulted in similar instances of looting. In both cases, individuals could be found looting for profit. Both disasters also included violence in concurrence with looting.
However, both disasters also resulted in individuals committing crimes in order to ensure the survival of their families. Many times, individuals had no other options to obtain the basic supplies necessary for survival. There was no clean water and food was scarce. Those types of circumstances can result in people taking part in activities that they would otherwise not, such as looting.
There are also famous cases of looting that resulted from war. The Nazi plunder, Yamashita’s gold, and looting during the Iraq war, all represent looting that was perpetrated with the intent of making a profit from the stolen property. Government and military officials, with the aid of ordinary citizens, often planned looting on a mass scale. Museums, banks, personal residences, and other structures were looted while the war continued. Many citizens that had nothing to begin with found that they had even less because of looting.
During wars, basic supplies were very expensive and people often traded anything of value for those supplies. Unfortunately, many families found that their items of value were systematically looted while their homes were unprotected. In addition, many people were murdered while trying to protect their property from looters. Conversely, many citizens take part in looting during war because they have no other way to get the basic supplies for survival.
There have also been famous cases of looting that resulted from political events such as the Rodney King riots or the New York draft riots. In both cases, citizens became outraged by a politically-charged event and reacted by taking part in riots. Those riots culminated in extreme violence that resulted in the destruction of many structures. In addition to arson, and other forms of property damage, there was also mass looting. The mob mentality seemed to spread rapidly among rioters and looting took place on a massive scale.
No matter what the motivation, loo

How Can Burglary Be a Part of Another Crime?

How Can Burglary Be a Part of Another Crime?

Breaking and entering often takes place during the commission of other crimes. In general, a burglar will enter property without permission in order to commit a criminal offense. In the absence of committing another offense, the individual would likely be charged with simple trespass. However, individuals found breaking and entering often commit other crimes. Generally that crime is theft. 
 
 
There are different types of burglars that commit theft. In some cases, it is a crime of opportunity, and in others the crime is well thought out in advance, utilizing information provided from informants. Informants can include insurance company employees or employees from other companies that are aware when the family is not home and what valuables they own.
 
 
In addition, some burglars commit crimes other than theft, including: arson, kidnapping, assault, sexual assault, and murder. Burglars may also be charged with destruction of property and identity theft.
 
 
In many cases, breaking and entering simply involves property crimes. In fact, burglars often enter structures when no one else is present. They do this to avoid coming in contact with home or business owners. In that case, a burglar is simply trying to commit theft or other property crimes. However, some cases of breaking and entering involve the commission of other crimes, such as arson. In fact, burglars sometimes destroy a structure once they have stolen items in order to eliminate any evidence they may have left behind.
 
 
In addition to property destruction, breaking and entering can also involve crimes against a person, such as assault or murder. If homeowners confront the burglar, they are likely to be assaulted or murdered. Sometimes, burglars may also take one person hostage in order to make their escape. Kidnapping is not often found in breaking and entering cases, but the possibility is there. In fact, some burglars may be there for the sole purpose of kidnapping.
 
 
In some cases, breaking and entering is done solely to take part in identity theft. Usually, all of the information necessary to steal a person’s identity is readily available in the home. In fact, that information is usually easily located by a burglar. Breaking and entering can often include the commission of many other serious crimes.
 
 
The criminal charges brought in concurrence with breaking and entering will vary. The severity of the offense will certainly impact sentencing. Crimes against property will certainly get a lesser sentence than burglaries that include force, such as assault. In fact, a burglar caught possessing a weapon will receive a harsher penalty even if they did not use the weapon. In crimes like this, prosecutors need only show intent and/or premeditation.

What are the Federal Burglary Laws?

What are the Federal Burglary Laws?

Burglary by itself is generally governed by State law, which varies in specificity and sentence in each State. Although burglary is a serious criminal offense and often considered a felony, it is also an inchoate crime. Crimes of that nature are often used as a preparation to commit further criminal offenses. In some cases, those other offenses may be Federal crimes, which would then be prosecuted under Federal laws.
 
 
Burglary is classified utilizing certain factors which indicate the seriousness, or degree of the crime. However, Federal laws do not govern those distinctions unless a Federal law has been violated. Individual State laws indicate the degree of burglary and the proceeding sentence. However, Federal laws would apply in certain circumstances, such as bank burglaries. In fact, any financial institution that suffers from a burglary would likely fall under the jurisdiction of Federal laws. In addition, other institutions, such as post offices, are governed by Federal laws.
 
 
In all criminal cases, Federal law supersedes State law regardless of the offense committed. In other words, perpetrators must face the more serious charges first, which will generally be Federal charges, if they apply. If the State in which the crime was committed has lesser punishments than those that Federal law would impose, they would first be subject to the punishment prescribed by Federal law.
 
 
For example, a perpetrator that breaks into a building used as a post office in whole, or in part, would be subject to the minimum sentence of five years and fines, as prescribed by Federal law. In fact, any crime involving mail falls under Federal jurisdiction, as mailed items are considered property of the United States until they reach the intended party. In fact, crimes committed against a mail carrier hold stiffer punishments than the same crime against average citizens. In addition, crimes in which an individual breaks and enters into a post office would have stiffer fines and sentences imposed than another business, such as a grocery store.
 
 
In some cases, State laws may say that something is legal, while Federal law prohibits it. In that case, the perpetrator would still be subject to charges as prescribed by Federal law, even in the absence of State charges. Citizens must know both State and Federal laws, since they often differ. In any case, Federal law is the law that always applies, regardless of the State in which the crime took place.

Beware of Night Time Burglary

Beware of Night Time Burglary

Burglary is a crime in which the perpetrator enters a structure without permission for the purpose of committing an offense. In some cases, the perpetrator is guilty of breaking and entering, and in others, the person simply enters an open building. The act of entering, however, is one key elements of the crime.
Each jurisdiction will qualify burglary in different ways. Property is usually defined as a structure in which a person, or group of people, currently resides. Entering is usually defined as being present in the structure, even partially, without permission. In fact, a burglar’s entire body does not need to be within the structure to qualify. In addition, the building does not have to be secure in order to prevent the granting of permission. In other words, burglaries can take place even in buildings that are left open.
In order to have intent to commit an offense, burglaries must contain another element besides entering the building. Those offenses generally include theft, but not always. In general, jurisdictions make those determinations on an individual basis. Burglary is usually a felony crime, regardless of what type of offense is committed. However, some types of burglaries incur longer sentences due to the nature of the crime. For example, most jurisdictions apply stronger penalties to burglaries that took place at night.
Night is usually defined as thirty minutes after sunset and thirty minutes before sunrise. Many jurisdictions punish nighttime burglary as a first degree crime. In addition, nighttime burglaries that take place in a residential structure will be punished more severely than those that take place in a commercial building.
Law enforcement can significantly affect the type of charges brought against an individual, depending on the details contained within the charges. Burglaries that take place at night in a structure in which people are present also incur harsher legal penalties. If the burglary is committed by a perpetrator carrying a weapon, this will also add to the severity of the crime.
Unfortunately, burglaries committed at night often take place during the commission of other crimes. Those crimes can include sexual assault, assault, murder, arson, etc. Since homeowners tend to be home at night, perpetrators often encounter them. In that case, the burglar may not have intended to commit another crime, but do so because the opportunity arises.
Burglaries that take place at night are generally considered more serious. In addition, those types of burglaries are more likely to be a part of other crimes. In general, nighttime burglaries tend to be more serious in nature, and therefore, incur much harsher penalties than those that take place during the day when homeowners are much less likely to be home.
In any case, burglars often get away with their crime because most burglaries in the United States go unsolved. Homeowners must take a more proactive approach to protecting their property and making it inaccessible to criminals, especially at night.

Is Theft a Requirement for Breaking and Entering

Specific Considerations of Burglary You Must Know

Specific Considerations of Burglary You Must Know

Burglary is an inchoate crime in which the perpetrator gains illegal access to a structure with the intent of committing some other crime. In the absence of that added offense, perpetrators would likely be charged with trespass. Many times, individuals break and enter in preparation for another crime. In some cases, those offenses are crimes against property.
 
 
Theft would be considered a crime against property. However, breaking and entering does not have to include theft to fall into that specific category of crimes. There are other crimes against property that occur with breaking and entering. Many times, perpetrators are charged with destruction of property. This is a common problem on new construction sights. Often, young people hold parties at such sights simply because they have nowhere else to go. Although no theft was involved, that crime would still qualify as breaking and entering because the kids did not have permission to be there.
 
 
In fact, burglary can lead to many crimes against a person, such as assault or murder. In some cases, perpetrators do not expect to be confronted by anyone during the commission of the crime. In that case, the individual may attack simply to protect themselves from being arrested. However, that would still qualify as felony murder because the death was a result the perpetrator taking part in a felony crime.
 
 
No Theft Required
 
 
In order for a crime to qualify as breaking and entering, several elements must be present. Burglary involves a perpetrator gaining access to a structure without permission. The perpetrator does not necessarily have to use force to gain access. An open building can be accessed simply by opening a door or window.
 
 
Many people mistakenly believe that breaking and entering must involve an individual breaking a window or door to gain access. This is not true. The only requirement is that the perpetrator enter the structure in the absence of permission. That structure can be a home, business, boat, or other structures where individuals may reside.
 
 
In addition, perpetrators must gain access while having the intent to commit another crime. In general, that crime is theft. However, there are many other reasons that a perpetrator would wish to gain access to a structure.  For example, they may gain access in order to become familiar with a security system so that they can go back at a later date and acquire desired goods. In that case, the first crime does not include theft. In addition, individuals can commit other crimes against property, such as destroying belongings or burning a building down.
 
 
In many cases, breaking and entering involves crimes against a person. Those crimes can include assault, sexual assault, murder, and kidnapping. In all of those cases, the perpetrator is likely to face much more serious charges than those perpetrators that commit theft.
 
 
Element of Other Crimes
 
 
Breaking and entering is often utilized by criminals to prepare for another crime. For example, a perpetrator may break into an office building to look at an executive's appointment book and calendar. While the perpetrator may look at the book, he or she does not actually take anything. The perpetrator is trying to gain access to an executive's schedule because this person has been hired to kill the owner. Like many other cases, breaking and entering is being utilized to commit another, more serious crime.
 
 
In fact, burglary is used as a tool in many other crimes, with varying degrees of seriousness. In that same case, the perpetrator may also use the information to find an appropriate place and time to kidnap the executive. Conversely, that same crime may have involved the perpetrator gaining access to information that would be helpful in stealing the executive’s identity. In reality, the crime of breaking and entering has the possibility if leading to many other types of crimes. That is why burglary is often treated as a felony.
 
 
Varying State Specifications
 
 
Each State has differing definitions of burglary and varying degrees of sentences imposed for such crimes. In fact, there are many factors utilized to make such determinations. First, there is the seriousness of the crime that is committed in concurrence with breaking and entering. A perpetrator that steals items is likely to be treated much less harshly than a person that commits arson.
 
 
Time of day is often a factor in making legal determinations about a crime. Burglaries committed at night are more likely to be punished very harshly. There are several reasons for this. First, homeowners and their families are more likely to be home at night. Secondly, crimes committed at night tend to instill more fear in the general public. Whatever the reason, most states punish nighttime burglars more harshly than they do burglaries that take place during the day. However, each State can utilize individual discretion for making such decisions.