Burglary is an intrusion of the trespassing into others property. This act is a statutory offense, including robbery or vandalism, in a few cases. The burglary penalties can differ in different states and mainly depend upon the charges filed against the burglar.
Factors Influencing Burglary Charges
Several factors influence the severity of burglary cases. A motive is one of the critical things that put forward the act. The punishment for the same depends upon the below factors:
- Has the burglar broken into a residential or commercial property? Every property has an absolute value, and depending on the assets, the court deduces the motive. In addition to that, breaking into cargo containers, moving vehicles, and vessels are also punishable by law.
- The presence of individuals at the time of burglary is crucial. This elucidates the impression of people’s wellbeing at stake, as there can involve a further crime of torture, strangling, or even murder.
- Possession of a weapon by the burglar is a powerful tool to judge the accused. A gun on hand can lead to severe violent crimes, and that needs careful scrutinization.
- The court of law will also evaluate the person’s medical records to understand if the person is under any influence of illegal drugs.
- The prime factor is the opposing lawyer will try to understand the crime’s intent, and the severity of such crimes will deduce your punishment.
An Extra Element of the Case
An extra element of the case refers to the burglary as a secondary crime with an intention to commit another crime, generally a more severe one. These crimes can include identity theft, murder, kidnapping, sexual assault, violation of civil rights, and destruction of property, among others.
Penalties for Burglary
Patrick B. Courtney, while discussing burglary crimes, states that the penalty differs from jurisdiction to jurisdiction, and the court levies burglary charges based on the intent of the burglar. As a result, the act can fetch a felony charge or a misdemeanor on the perpetrator.
A misdemeanor is a lesser crime with penalties, such as a fine, a rehabilitation program, a specific jail time, or a probationary period. In jail time cases, the time frame is a year or so, and the person serves in the local jail. Local justice courts and municipal courts typically try misdemeanor cases.
On the other hand, a felony is a high-level crime, and apart from the other penalties, one can even get a death statement. The burglar can go into federal prisons or penitentiary jails.
A burglary charge can twist a person’s life completely. Apart from the exact charges, it affects the person to maintain a stable professional and personal life. The charge of this magnitude can haunt the individual substantially, and if it is wise in such cases, to hire an attorney to run your claim on your behalf. An attorney cannot ensure dropping off charges, but he can at least put forward valid pointers that deny any severe motives and provide the client with a less punishable penalty.